Hi all,
I work in the HR dept for a pvt company.
I would like to know if a female employee who has completed only 2 months out of 6 months of probation and is on leave for nearly 3 months due to pregancy related health issues, is eligible for maternity leave and benefits.
I have refered the Act 1961,but not been able to find a direct solution to my query. Will be glad to receive more clarity i this reg.
Thanks much,
Nithyac
From India, Chennai
I work in the HR dept for a pvt company.
I would like to know if a female employee who has completed only 2 months out of 6 months of probation and is on leave for nearly 3 months due to pregancy related health issues, is eligible for maternity leave and benefits.
I have refered the Act 1961,but not been able to find a direct solution to my query. Will be glad to receive more clarity i this reg.
Thanks much,
Nithyac
From India, Chennai
Dear Nithyac,
An employee should always complete 80 working days/ calender days under the Maternity Benefit Act 1961. and maternity leave is not a simple leave, its a benefit provided where the female employee can avail it. However, the point [on leave for nearly 3 months due to pregnancy related health issues] refers that she may go for LOP.
From India, Visakhapatnam
990An employee should always complete 80 working days/ calender days under the Maternity Benefit Act 1961. and maternity leave is not a simple leave, its a benefit provided where the female employee can avail it. However, the point [on leave for nearly 3 months due to pregnancy related health issues] refers that she may go for LOP.
From India, Visakhapatnam
Dear Mr. Ramakant, She doesnot necessarily need to claim the job coz she will still be an employee if she hasn’t resigned her job properly.
From India, Visakhapatnam
From India, Visakhapatnam
As per the rules, since she is in probation, I'd you do not confirm her at the end of the probation process, or give an extention of probation, then she is terminated and has no claim on the job. Maternity benefit act does not saynyou have to disregard all other rules.
If she is no longer an employee, then the rest of the requirement do not apply
However, you need to make sure you are documenting properly and that you are terminating the employment as she has not worked properly and not because she is pregnant (that is not allowed)
From India, Mumbai
If she is no longer an employee, then the rest of the requirement do not apply
However, you need to make sure you are documenting properly and that you are terminating the employment as she has not worked properly and not because she is pregnant (that is not allowed)
From India, Mumbai
Thanks all.
I have another query.
How is maternity leave extension treated generally? How many months of extension( after 3 months of ML) is permissible and need to be paid?Further, is the employee eligible for usual benefits like meal passes during extension period?
Regards
Nithya
From India, Chennai
I have another query.
How is maternity leave extension treated generally? How many months of extension( after 3 months of ML) is permissible and need to be paid?Further, is the employee eligible for usual benefits like meal passes during extension period?
Regards
Nithya
From India, Chennai
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Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf