Yes, you can avail all the benefits of maternity leave if you have completed 80 days of work in your organization.
No woman shall be entitled to maternity benefits unless she has actually worked in an establishment of the employer from whom she claims maternity benefits for a period of not less than eighty days in the twelve months immediately preceding the date of her expected delivery.
Provided that the qualifying period of eighty days aforementioned shall not apply to a woman who has immigrated into the State of Assam and was pregnant at the time of immigration.
Explanation: For the purpose of calculating under this subsection the days on which a woman has actually worked in the establishment, the days for which she has been laid off during the period of twelve months immediately preceding the date of her expected delivery shall be taken into account.
Note: From 10-01-1989 (the number of working days for women reduced from 160 days to eighty days).
Best Regards Global Overseas - Delhi Office
Mohammad Sajid Ansari 9899775578
From India, Delhi
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47No woman shall be entitled to maternity benefits unless she has actually worked in an establishment of the employer from whom she claims maternity benefits for a period of not less than eighty days in the twelve months immediately preceding the date of her expected delivery.
Provided that the qualifying period of eighty days aforementioned shall not apply to a woman who has immigrated into the State of Assam and was pregnant at the time of immigration.
Explanation: For the purpose of calculating under this subsection the days on which a woman has actually worked in the establishment, the days for which she has been laid off during the period of twelve months immediately preceding the date of her expected delivery shall be taken into account.
Note: From 10-01-1989 (the number of working days for women reduced from 160 days to eighty days).
Best Regards Global Overseas - Delhi Office
Mohammad Sajid Ansari 9899775578
From India, Delhi
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You will get maternity leave and maternity bonus even if you are in probation, provided you have worked at least for EIGHTY DAYS (not one hundred and sixty days) during twelve months immediately preceding your expected date of delivery. Therefore, work out your number of days from the date of delivery/expected date of delivery, backward, and find your eligibility.
Regards, Madhu.T.K
From India, Kannur
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Regards, Madhu.T.K
From India, Kannur
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Of course, you can get maternity leave during probation period, if you have already worked for 80 days in the organization.
From India, Delhi
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From India, Delhi
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Hi Seniors, please help me out in this case.
Combining Leaves with Maternity Leave
In continuation of maternity leave for extension, can any leave be combined, i.e., sick leave or earned leave? As per the Maternity Leave Act, she applied for the same and it was granted. Now, she wants to apply for earned leaves for 56 days. Please give your opinion.
Regards,
Satish
From India, Hyderabad
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Combining Leaves with Maternity Leave
In continuation of maternity leave for extension, can any leave be combined, i.e., sick leave or earned leave? As per the Maternity Leave Act, she applied for the same and it was granted. Now, she wants to apply for earned leaves for 56 days. Please give your opinion.
Regards,
Satish
From India, Hyderabad
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Dear Madhu,
Please let me know whether the eligibility criteria would be 80 days or the preceding 1 year of service. Can an employer claim that even if the employee has completed 80 days, she has not completed 1 year of service so can't claim maternity benefit under the act? As the act states:
"No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit for a period of not less than eighty days in the twelve months immediately preceding the date of her expected delivery."
Regards,
Amit
From India, Delhi
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Please let me know whether the eligibility criteria would be 80 days or the preceding 1 year of service. Can an employer claim that even if the employee has completed 80 days, she has not completed 1 year of service so can't claim maternity benefit under the act? As the act states:
"No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit for a period of not less than eighty days in the twelve months immediately preceding the date of her expected delivery."
Regards,
Amit
From India, Delhi
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It is not mandatory that the employee should have worked for one year in order to be eligible to get gratuity, but she should have worked at least for 80 days during a period of 12 months immediately preceding the expected date of delivery.
An employee who joined in 2005 and worked until 2010 but took leave without pay in 2010 for any reasons not connected directly with the company's policy, like LOP to go abroad with her husband, and then comes back and resumes work and is now pregnant WILL NOT GET maternity benefits UNLESS SHE HAS WORKED AT LEAST 80 DAYS during the 12 MONTHS PRECEDING her delivery. This is the significance of the 12 months preceding the expected date of delivery.
Regards,
Madhu.T.K
From India, Kannur
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An employee who joined in 2005 and worked until 2010 but took leave without pay in 2010 for any reasons not connected directly with the company's policy, like LOP to go abroad with her husband, and then comes back and resumes work and is now pregnant WILL NOT GET maternity benefits UNLESS SHE HAS WORKED AT LEAST 80 DAYS during the 12 MONTHS PRECEDING her delivery. This is the significance of the 12 months preceding the expected date of delivery.
Regards,
Madhu.T.K
From India, Kannur
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Dear Satish, Except Casual Leave, every other kind of leave can be combined with maternity leave. PS Dhingra
From India, Delhi
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From India, Delhi
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You can avail of maternity leave as per the law, but the company may choose not to confirm you. It's their choice during probation. In practice, most companies will not confirm an employee on probation who has taken maternity leave.
From India, Mumbai
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From India, Mumbai
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Dear Satish,
A very good question indeed! However, in that case, the employer doesn't have any discretion to use except to accept the resignation as per the provisions contained in her appointment letter. Needless to emphasize, so far as the Maternity Law is concerned, it is the liability of the employer to observe its provisions.
Thank you, Mr. Dhingra, for your valuable suggestion. In case, after availing all the leaves at the time of resuming duty, if she submits her resignation, what is the procedure for the same?
Regards,
K V Satish Kumar
From India, Delhi
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A very good question indeed! However, in that case, the employer doesn't have any discretion to use except to accept the resignation as per the provisions contained in her appointment letter. Needless to emphasize, so far as the Maternity Law is concerned, it is the liability of the employer to observe its provisions.
Thank you, Mr. Dhingra, for your valuable suggestion. In case, after availing all the leaves at the time of resuming duty, if she submits her resignation, what is the procedure for the same?
Regards,
K V Satish Kumar
From India, Delhi
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Maternity Benefits- A study with case laws ref..docx