Maternity Leave during Probation Period for six months - my maternity leave I would be paid or not?

Hi, I have joined on 24th July and am on probation for six months. I am expecting, and my due date is in the first week of December. Please confirm if I will be paid for my maternity leave or not.

Dear Charu,

One is entitled to maternity leave only after completion of 1 year with the organization.

Hi Upasana,

I have read in CiteHR that a woman who has served 80 days in the company is entitled to Maternity Benefits. However, I'll check the same once again, and if you can also confirm with me once more.

Warm regards,
Charu

As per the Maternity Benefits Act, a woman employee is entitled to maternity benefits if she has worked for 80 days during the 12 months immediately preceding the date of delivery. Probation or a service of one year is immaterial for maternity benefits.

Regards,
Madhu.T.K

Dear Charu,

No woman shall be entitled to maternity benefits unless she has actually worked in an establishment of the employer from whom she claims maternity benefits for a period of not less than eighty days in the twelve months immediately preceding the date of her expected delivery.

Provided that the qualifying period of 80 days aforesaid shall not apply to a woman who has immigrated into the state of Assam and was pregnant at the time of immigration.

Dear all,

Thank you for your input. I have one more query. One of my friends is expecting and this is her 5th month. She is working in a Chemical Laboratory. She is given work in a Fume Hood. She refuses (because chemical fumes are harmful) and requests her seniors to assign her lighter work. However, she is being forced to work there.

Is there any clause in the Maternity Act which states that she cannot work in a toxic environment and should be given lighter work? Also, if she continues to work there and any abnormalities occur during childbirth or if the child is born with abnormalities, what legal obligations is the company responsible for?

Please help and guide me.

Regards,
Hansa Vyas

As per Section 4 of the act, a pregnant woman, if requested, shall not be employed in any work harmful to pregnancy or child development during the one month prior to six weeks immediately preceding the date of delivery. However, this provision is not applicable during the fifth month.

Varghese Mathew

Dear,

Eligibility for Maternity Benefit:

A woman shall be entitled to maternity benefits only if she has actually worked in an establishment of the employer for a period of not less than eighty days in the twelve months immediately preceding the date of her expected delivery.

So, based on the above information, you are eligible for maternity benefits.

Rajbir

Dear Hansa,

As per Section 4(3), subclause (4), no pregnant woman shall, on a request being made by her in this behalf, be required by her employer to perform any work of arduous nature or involving long hours of standing during the period of one month immediately preceding the period of 6 weeks before the date of her expected delivery. Such work should not in any way interfere with her pregnancy or the normal development of the fetus, or pose a risk of causing miscarriage or adversely affecting her health. Violation of this section will attract imprisonment for up to one year, a fine extendable up to Rs 5000, or both. Furthermore, such violations may also be considered a breach of human rights, and appropriate action can be taken accordingly.

Thank you.

Ms. Hansa Vyas,

According to the Maternity Act, the female employee has the right to request light work that is not harmful or strenuous for both the mother and the child. Working in a toxic environment could be harmful and strenuous for both the mother and the child.

Please note that it may be difficult to conclude that any abnormality in the child is due to working in a toxic environment. It requires a lot of proof and evidence. Therefore, I feel it is advisable to request the management to assign you less strenuous work.

Regards,
UMESH KAPOOR