I joined an organization in June 2018 in Delhi. My probation period was for 4 months. Accordingly, my confirmation was due in October 2018. But my Management put the same on hold.
I am 7 months pregnant. I need to go on Maternity Leave from December/January. Now the company is saying that they won't be confirming me. I can continue with the job as long as I can, but they won't be providing me Maternity Leave as the company is not able to afford the same. Their policy is that they will provide Maternity Leave to permanent employees only. Second, any employee who completes 160 days of continuous service is eligible for the same.
I will be completing 160 days by the 1st week of December. Can I ask the company for Maternity Leave or not?
From India, Ghaziabad
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4I am 7 months pregnant. I need to go on Maternity Leave from December/January. Now the company is saying that they won't be confirming me. I can continue with the job as long as I can, but they won't be providing me Maternity Leave as the company is not able to afford the same. Their policy is that they will provide Maternity Leave to permanent employees only. Second, any employee who completes 160 days of continuous service is eligible for the same.
I will be completing 160 days by the 1st week of December. Can I ask the company for Maternity Leave or not?
From India, Ghaziabad
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Dear Anony,
You are eligible for maternity leave and benefits. In case you are not covered under ESI, serving a minimum of 80 days makes you eligible for maternity benefits. If you are refused the said benefits, you can approach the Labor Inspector for your region.
The other thing I observe here is that you were already pregnant when you joined the current employer. Things would have been much easier had you informed them of your pregnancy at the time of joining, if not done so.
Regards,
Rahul
From India, Delhi
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You are eligible for maternity leave and benefits. In case you are not covered under ESI, serving a minimum of 80 days makes you eligible for maternity benefits. If you are refused the said benefits, you can approach the Labor Inspector for your region.
The other thing I observe here is that you were already pregnant when you joined the current employer. Things would have been much easier had you informed them of your pregnancy at the time of joining, if not done so.
Regards,
Rahul
From India, Delhi
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You are entitled to maternity leave and attendant benefits. It is not mandatory to inform of your condition at the time of joining. Whether you are on probation or confirmed, maternity leave is authorized. Please take up the matter with HR in a polite and courteous manner and ask for leave.
From India, Pune
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From India, Pune
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Dear Rahul Chhabra, I was not aware of my pregnancy at the time of joining. I came to know about the same after around 10-15 days of my joining. I informed my employer in the month of September.
From India, Ghaziabad
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From India, Ghaziabad
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Dear Mr. Nathrao, Thank you so much for your advice. Will definitely speak to my Senior HR regarding the same.
From India, Ghaziabad
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From India, Ghaziabad
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http://www.lawyersclubindia.com/foru...riod-76574.asp
https://www.citehr.com/578176-matern...on-period.html
Kindly read these threads. Get yourself familiar with Maternity Leave (ML) and the Maternity Benefits Act before discussing it with your HR. Show that you are knowledgeable about the rules, but be cautious in how you communicate your requirements, as the goal is to persuade your superiors. All the best.
From India, Pune
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https://www.citehr.com/578176-matern...on-period.html
Kindly read these threads. Get yourself familiar with Maternity Leave (ML) and the Maternity Benefits Act before discussing it with your HR. Show that you are knowledgeable about the rules, but be cautious in how you communicate your requirements, as the goal is to persuade your superiors. All the best.
From India, Pune
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Dear Anonymous,
Seconding Mr. Nathrao's opinion, I would suggest you apply at the earliest for Maternity Leave with a precise date from which you intend to opt, quoting provisions of the Maternity Act and with supporting medical investigation papers. As your organization is inclined not to extend benefits under the Act, it is advised to apply timely and in a proper manner, creating evidence in case they deny or take any steps of victimization.
Shailesh Parikh
99 98 97 10 65
Vadodara
From India, Mumbai
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Seconding Mr. Nathrao's opinion, I would suggest you apply at the earliest for Maternity Leave with a precise date from which you intend to opt, quoting provisions of the Maternity Act and with supporting medical investigation papers. As your organization is inclined not to extend benefits under the Act, it is advised to apply timely and in a proper manner, creating evidence in case they deny or take any steps of victimization.
Shailesh Parikh
99 98 97 10 65
Vadodara
From India, Mumbai
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Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf