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Mahalakshmi   23 January 2018

Am i eligible for maternity leave during probation

Hi, I am working for a Pvt Ltd from 3rd Oct 2017 till date. I just realised that I am 4 weeks pregnant. My probation period is for 9 months from the date of joining i.e 3rd July. I might have to go on maternity leave from August 2017. Am I eligible for the maternity leave or does the maternity leave benefit apply only if i complete probation. I am worried because they might ask me to leave or create a situation for me to leave if I tell them now.

Read more at: https://www.lawyersclubindia.com/forum/Am-i-eligible-for-maternity-leave-if-i-am-on-probation-158845.asp



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 5 Replies

Kumar Doab (FIN)     23 January 2018

If the establishment is covered IT has to provide the benefits to pregnant woman employee per applicable provisions.  

You may go thru; THE MATERNITY BENEFIT ACT, 1961; 2(b),5

https://www.ilo.org/dyn/travail/docs/678/maternitybenefitsact1961.pdf

https://lawmin.nic.in/ld/P-ACT/1961/A1961-53.pdf

  

THE MATERNITY BENEFIT (AMENDMENT) ACT, 2017

https://labour.gov.in/sites/default/files/Maternity%20Benefit%20Amendment%20Act,2017%20.pdf

    

 

Kumar Doab (FIN)     23 January 2018

Are you are covered by ESI? If yes, confirm!  

 

Kumar Doab (FIN)     23 January 2018

Employer cannot terminate pregnant woman employee during Maternity Benefit period except in case of misconduct.................

 

Remain careful and keep proper record to handle allegations of misconduct....if any. 

DanielHerring   26 February 2018

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