Dear all,
I have a few queries regarding maternity benefits. An employee joined in September 2021 and has completed 4 months of the probation period and is now pregnant.
1. How many days/months does an employee need to complete after joining to avail maternity benefits?
2. If the employee has not completed her 6-month probation, is she eligible to avail maternity benefits?
3. If we ask the probationer to take a sabbatical, finish her maternity leave, and then resume work, is the employer liable to pay her maternity benefits?
From India, Mumbai
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I have a few queries regarding maternity benefits. An employee joined in September 2021 and has completed 4 months of the probation period and is now pregnant.
1. How many days/months does an employee need to complete after joining to avail maternity benefits?
2. If the employee has not completed her 6-month probation, is she eligible to avail maternity benefits?
3. If we ask the probationer to take a sabbatical, finish her maternity leave, and then resume work, is the employer liable to pay her maternity benefits?
From India, Mumbai
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Please refer to the discussion in this forum >https://www.citehr.com/582519-eligibility-under-maternity-benefit-act-1961-pdf.html#post2350016<
From India, Madras
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302From India, Madras
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(1) 80 DAYS AFTER JOINING (2) YES (3) YES Correct me if I’m wrong. Regards Harsh
From India, Roorkee
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From India, Roorkee
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Dear Colleague,
Coming to the specifics apart from what the Learned member had already briefed:
1. How many days/months does an employee need to complete after joining to avail maternity benefit?
From the date of joining, 80 days completion is only required.
2. Employee has not completed her 6 months probation, is she eligible to avail maternity benefit?
Probation is not a factor as far as Maternity Benefit is concerned. All types/classes of employees are eligible, whether probationer or otherwise. Hence, a probationer, even without completing 6 months, is eligible if she completed 80 days from joining.
3. If we ask the probationer to take a sabbatical, finish her maternity, and everything, and then resume, in that case, is the employer liable to pay her maternity benefit?
The Maternity Benefit Act is a Statutory Requirement, and YES, you need to pay maternity benefit under the Act/Law.
From India, Chennai
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Coming to the specifics apart from what the Learned member had already briefed:
1. How many days/months does an employee need to complete after joining to avail maternity benefit?
From the date of joining, 80 days completion is only required.
2. Employee has not completed her 6 months probation, is she eligible to avail maternity benefit?
Probation is not a factor as far as Maternity Benefit is concerned. All types/classes of employees are eligible, whether probationer or otherwise. Hence, a probationer, even without completing 6 months, is eligible if she completed 80 days from joining.
3. If we ask the probationer to take a sabbatical, finish her maternity, and everything, and then resume, in that case, is the employer liable to pay her maternity benefit?
The Maternity Benefit Act is a Statutory Requirement, and YES, you need to pay maternity benefit under the Act/Law.
From India, Chennai
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