Dear all, I have a few queries regarding maternity benefits. An employee joined in September 2021 and has completed 4 months of the probation period and is now pregnant.
Eligibility for Maternity Benefits
1. How many days/months does an employee need to complete after joining to avail of maternity benefits?
2. If the employee has not completed her 6-month probation, is she eligible to avail of maternity benefits?
Employer's Liability During Sabbatical
3. If we ask the probationer to take a sabbatical, finish her maternity leave, and then resume work, is the employer liable to pay her maternity benefits?
From India, Mumbai
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Eligibility for Maternity Benefits
1. How many days/months does an employee need to complete after joining to avail of maternity benefits?
2. If the employee has not completed her 6-month probation, is she eligible to avail of maternity benefits?
Employer's Liability During Sabbatical
3. If we ask the probationer to take a sabbatical, finish her maternity leave, and then resume work, is the employer liable to pay her maternity benefits?
From India, Mumbai
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Dear Colleague,
Coming to the specifics apart from what the learned member had already briefed:
How many days/months does an employee need to complete after joining to avail maternity benefit?
From the date of joining, only 80 days of completion is required.
Employee has not completed her 6 months probation, is she eligible to avail maternity benefit?
Probation is not a factor as far as maternity benefit is concerned. All types/classes of employees are eligible, whether probationer or otherwise. Hence, a probationer, even without completing 6 months, is eligible if she has completed 80 days from joining.
If we ask the probationer to take a sabbatical, finish her maternity, and everything, and then resume, in that case, is the employer liable to pay her maternity benefit?
The Maternity Benefit Act is a statutory requirement, and YES, you need to pay maternity benefit under the Act/Law.
From India, Chennai
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321Coming to the specifics apart from what the learned member had already briefed:
How many days/months does an employee need to complete after joining to avail maternity benefit?
From the date of joining, only 80 days of completion is required.
Employee has not completed her 6 months probation, is she eligible to avail maternity benefit?
Probation is not a factor as far as maternity benefit is concerned. All types/classes of employees are eligible, whether probationer or otherwise. Hence, a probationer, even without completing 6 months, is eligible if she has completed 80 days from joining.
If we ask the probationer to take a sabbatical, finish her maternity, and everything, and then resume, in that case, is the employer liable to pay her maternity benefit?
The Maternity Benefit Act is a statutory requirement, and YES, you need to pay maternity benefit under the Act/Law.
From India, Chennai
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