LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Deepesh Kushwah   20 September 2024

Maternity leave in probation period

Sir,

My wife joined the MP government in November 2021 at 70% of her salary, as the government imposes a salary increment policy: 70% in the first year, 80% in the second year, 90% in the third year, and full salary starting from the fourth year, after completing a three-year probationary period.

As of September 2024, she is currently receiving 90% of her salary. In November 2024, her probation period will end, and she will be entitled to receive 100% of her salary.

She plans to take maternity leave starting October 1, 2024. I have a few questions regarding this situation:

  1. Is she entitled to maternity leave for 180 days?
  2. Does this leave extend her probation period? If so, by how many days?
  3. If it does not extend her probation period, will she indeed be eligible for 100% of her salary starting in November 2024?

Additionally, could you please clarify how much salary she would receive during this period (October 2024 and from November 2024 onward) and concerned rulebook for the same.



Learning

 5 Replies

T. Kalaiselvan, Advocate (Advocate)     20 September 2024

 government employees are entitled to maternity leave during their probation period

Some governments treat maternity leave as duty for the purpose of counting probation periods and declaring probation

If a probationer takes maternity leave and is unable to complete their probation, the employer can extend the probation period.

Maharashtra Administrative Tribunal says a woman can't be denied maternity leave during probation and neither should her seniority suffer.

The Tribunal noted that the applicant was denied maternity leave as she was on probation at the time and stated that to be a mother is a right of a woman and that the period of probation should not be a preventive factor or obstacle for a woman who wants to be a mother during her probation. Further, it was said that the seniority of a female employee should not go below her colleagues of the same batch on the ground that she was absent on account of maternity leave. However, an employee must complete the period of probation. It was also analyzed by the Tribunal that an adequate period is required to assess the performance of the employees and no concession is to be given to any female employee even on account of maternity leave. However, her seniority also should not suffer just because she wishes to be a mother which is her basic human and natural right..

1 Like

kavksatyanarayana (subregistrar/supdt.(retired))     20 September 2024

Yes.  The Maharashtra Tribunal said that the seniority of a female employee should not go below her colleagues of the same batch on the ground that he was on maternity leave.  She may be eligible for salary after the completion of her probation period.

1 Like

Deepesh Kushwah   21 September 2024

In case of MP Govt, any clarification ?

T. Kalaiselvan, Advocate (Advocate)     21 September 2024

The same law is applicable in MP too, becasue it is a central law.

Sudhir Kumar, Advocate (Advocate)     27 September 2024

Marnity leave is fully paid leave. probation is no bar for any entitled leave and such leave does not result in probatio extention nor doe sit affect salary entitlement.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register