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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



 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

Has anyone asked you to leave or forced/coerced?

Can you establish it or have you captured irrefutable evidence?

In the meantime you may go thru various threads initiated by pregnant woman employees apprehending/facing various issues and pick up relevant points.  

https://www.lawyersclubindia.com/forum/Resignation-after-maternity-leave-79271.asp#.UahsGdKAqWN

   

https://www.lawyersclubindia.com/forum/Maternity-act-74586.asp#.UXPE3qKAqWM

    https://www.lawyersclubindia.com/forum/Forced-to-resign-when-enquired-about-maternity-leaves-75754.asp#.UXPC0qKAqWM

 https://www.lawyersclubindia.com/forum/Maternity-leave-salary-76258.asp#.UXPDG6KAqWM

  https://www.lawyersclubindia.com/forum/Meternity-leave-75127.asp#.UXPEpaKAqWM

 https://www.lawyersclubindia.com/forum/Voluntary-abadonment-from-employment-82097.asp#.Ua8iV9KAqWO

  https://www.lawyersclubindia.com/forum/Voluntary-abadonment-from-employment-82097.asp#.U0pY90eBmXX

https://www.lawyersclubindia.com/forum/Regarding-maternity-leave-100692.asp#.U1N830eBmXU

   https://www.lawyersclubindia.com/forum/Resignation-while-on-ml-149838.asp

   https://www.lawyersclubindia.com/experts/Resignation-while-on-ml-641316.asp

 

 

 

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

This is the critical situation many women face, whether to give preference to career or to personal life. My aunt encountered the same situation, I think she followed an best resume writing companies service which is all about women and their benefits. So please follow the link.


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