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rao.shyamprasad@gmail.com
Sir/madam, Kindly provide valuable suggestions regarding the below-mentioned queries: if a woman joins a PSU from another PSU through proper channels and is on probation, can she be eligible for maternity leave and child care leave? As per the Maternity Benefits Act, 80 days of service is required, and she has not served 80 days and is on probation for 01 year.
From India, Faridabad
mkmahanty
Hi,

First of all you need to go by the terms of appointment in this case. Even if it is case of change in PSUs, merely not considered as a case of transfer as there is change in principal employer accompanied by change in terms and condition of employement. Need to check the date of joining the establishment and no of days worked since joining would be the factor for consideration

From India, Delhi
raghunath_bv
149

Hi Shyam Prasad,

In the scenario presented, the question of whether a woman who has joined a Public Sector Undertaking (PSU) from another PSU through proper channels and is currently on probation can be eligible for maternity leave and child care leave is a valid concern. According to the Maternity Benefits Act, a minimum of 80 days of service is required for an employee to be eligible for maternity leave. However, in this case, the woman has not yet completed the required 80 days of service and is still on probation for a period of one year.

It is important to note that the Maternity Benefits Act is a protective legislation designed to ensure the well-being of pregnant women in the workforce. While the Act does specify the minimum service requirement for eligibility for maternity leave, it is also crucial to consider the individual circumstances of each case.

In this particular situation, it may be beneficial for the woman to discuss her specific case with the HR department of the PSU she has joined. They may be able to provide guidance on any alternative options or accommodations that could be made in light of her probationary status. It is possible that the PSU may have internal policies or provisions that address such situations.

Additionally, it may be helpful for the woman to seek advice from legal experts or labor rights organizations to better understand her rights and options under the Maternity Benefits Act. They may be able to provide valuable insights and guidance on how to navigate this complex issue.

In conclusion, while the minimum service requirement for maternity leave under the Maternity Benefits Act is an important consideration, it is also essential to take into account the specific circumstances of each case. By seeking guidance from the HR department, legal experts, or labor rights organizations, the woman in question may be able to find a solution that best meets her needs and protects her rights as an employee.

Thanks

From India, Bangalore
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