Hi, I joined on the 19th of January 2022 and I am currently on probation for six months. I am expecting, and my due date is in the first week of September 2022. Could you please confirm whether I will be paid for my maternity leave? I was informed by HR that I am not eligible for paid leave.
Regards, C. Swathi
From India, Chennai
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Regards, C. Swathi
From India, Chennai
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For availing maternity leave, probation is not an issue. As per law, you can get it provided you have worked for at least 80 days immediately preceding the expected date of delivery. However, the employer may state that the Act specifies that "a woman employee is entitled to receive maternity benefits if she has worked for 80 days 'during 12 months' preceding the expected date of delivery." This means there should be 12 months of service, and during this period, the employee should have worked for at least 80 days. If you argue that only 80 days are required, then what is the significance of "12 months" in the Act? This aspect needs to be addressed before determining whether you are entitled to maternity leave or not.
From India, Kannur
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4526From India, Kannur
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Maternity Leave Policy - posting.doc
Temporary, adhoc & contract worker also eligible for maternity leave 12102017.pdf