Maternity Leave Eligibility Issue
One of my colleagues at my current organization is facing this issue. She is 4 months pregnant and joined this organization about 2 months ago. The company is denying her maternity leave, stating that she is not eligible for it as she is on probation. She plans to apply for maternity leave once she completes 8 months. By then, her 6 months of probation will be complete. When this was pointed out, the HR of the company said that maternity leave is applicable only for permanent employees. According to them, an employee becomes permanent when they complete 6 months of probation plus 1 year of service.
Discrepancy in HR Manual and Legal Requirements
However, nothing like this is mentioned in the HR manual. The maternity leave is applicable only for 3 months, which is against the law that states the leave should be for 6 months. It is eligible for employees only if she has completed 180 days in the company in the last 12 months, again against the law. The law states that a lady employee should have worked for 80 days in the last 12 months.
Kindly suggest a solution.
From India, Pune
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One of my colleagues at my current organization is facing this issue. She is 4 months pregnant and joined this organization about 2 months ago. The company is denying her maternity leave, stating that she is not eligible for it as she is on probation. She plans to apply for maternity leave once she completes 8 months. By then, her 6 months of probation will be complete. When this was pointed out, the HR of the company said that maternity leave is applicable only for permanent employees. According to them, an employee becomes permanent when they complete 6 months of probation plus 1 year of service.
Discrepancy in HR Manual and Legal Requirements
However, nothing like this is mentioned in the HR manual. The maternity leave is applicable only for 3 months, which is against the law that states the leave should be for 6 months. It is eligible for employees only if she has completed 180 days in the company in the last 12 months, again against the law. The law states that a lady employee should have worked for 80 days in the last 12 months.
Kindly suggest a solution.
From India, Pune
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There is nothing like probation period ineligibility for Maternity Leave. As and when she completes 80 days, she can apply for ML. Then wait and see the reaction of the company. Denial of leave will be illegal, and the labor officer can take action against the company.
From India, Pune
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3180From India, Pune
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Legal Clarification on Severance Dues & Probation Period.PDF
Maternity Leave Policy - posting.doc