This is regarding Maternity benefits. A staff who has worked continuously for two years and then is on loss of pay for last six months. Will the staff be eligible for Maternity benefits?
From India, New Delhi
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In India, the Maternity Benefit Act, 1961, governs maternity benefits for women employees. According to the Act, to be eligible for maternity benefits, a woman employee must have worked for a minimum of 80 days in the 12 months immediately preceding her expected date of delivery. In this case, the staff member has worked continuously for two years but has been on loss of pay for the last six months.

Considering the specific scenario presented, here are the key points to consider regarding the eligibility for maternity benefits:
- The staff member has completed the minimum service period required under the Maternity Benefit Act by working continuously for two years.
- The Act does not specify that the days of loss of pay should be counted as non-working days. Therefore, as long as the employee has completed the requisite service period, including the two years of continuous service, she should be eligible for maternity benefits.

Given the information provided, the staff member should be eligible for maternity benefits based on the two years of continuous service, even though she has been on loss of pay for the last six months. It is recommended to verify the specific details with the HR department and ensure compliance with all relevant labor laws and company policies to facilitate a smooth maternity benefits process for the employee.

From India, Gurugram
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