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Mahalakshmi   23 January 2018

Am i eligible for maternity leave if i am on 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.



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 7 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.

Divya   23 February 2018

Hi Sir, I have been working in my company for past 7 years and will be released from my project on Mar 1st 2018 and  now 1 month pregnant.. Will HR assign me to projects ? Also I have some 40 PL's/CL's ... Also doctor told I need to undergo maternity related operation at my 3rd month.... Can I remain in bench for 1 month and then take CL/PL and then take LOP and after these, can I take Maternity Leave(since it should be taken before 11th week of your EWC) ? Can company terminate me if on bench ?

Kumar Doab (FIN)     23 February 2018

Dear LCI Querist @ Mrs. Divya,

While posting query pls post in a new thread and don’t use abbreviations/SMS/Whatsapp language.

Instead use full forms.

What exactly do you mean by ‘Released from Project’, ‘Assign me to projects’, ’Remain in bench’, ‘EWC’?

Apparently the project/assignment/work assigned to you is completing on 1st March 2018…………….!

Thereafter what will happen; will you still remain in employment or not?

Kumar Doab (FIN)     23 February 2018

Generically speaking; without having gene thru the appointment letter/contact of employment signed by employer with you; until terminated from employment you (employee) remain on rolls of employer.

For Termination employer has to issue Termination order citing reason and/or after issuing SCN conducting domestic inquiry issue speaking termination order.

And/or announce in writing retrenchment/redundancy and pay retrenchment/separation compensation as per ID Act/ service conditions.

You may post the response to all points.

IN the meantime you may go thru the links mentioned above and below as well.

The Maternity benefit period is duly described in the Act.

https://www.lawyersclubindia.com/forum/Maternity-benefit-act-during-probation-period-97413.asp

https://www.lawyersclubindia.com/experts/Metarnity-leave-and-metarnity-benefits-during-probation-period-in-central-govt-service--575746.asp

 

In case of any leave apply for leave under proper acknowledgment and get approval.

Approved leave must not cause any break in service.


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