Hello, If employee did not got any confirmation letter from hr. And she completed 1 year in company. So she is eligible for maternity leave?
If there is no confirmation letter issued to employee that does not mean that employee is not confirmed. maternity benefit will be depending upon whether she is under ESA Act or MB ACt?
From India, Pune
467From India, Pune
Dear colleague, Assuming that she is covered under the MB Act, and has worked for eighty days, she is eligible, whether confirmed or not. Regards Vinayak Nagarkar HR- consultant
From India, Mumbai
From India, Mumbai
As per Maternity Benefit Act the woman must actually work for 80 days in 12 months immediately preceding her date of delivery so as to be eligible and it appears she is fulfilling the eligibility.
From India, Mumbai
From India, Mumbai
Dear Prashant,
A small but important correction to the first part of your answer. Confirmation of a probationer can not be automatic unless there is a specific provision for "deemed confirmation" in the contract of employment or the standing orders. As long as there is no orders in writing by the employer, the employee remains a probationer only.
Once the Maternity Act,1961 becomes applicable to the establishment, the employment status of the women employee whether she is a confirmed one or probationer or temporary does not matter. As rightly observed by other members above, what is required is that she ought to have worked for 80 days in the preceding 12 months period.
From India, Salem
A small but important correction to the first part of your answer. Confirmation of a probationer can not be automatic unless there is a specific provision for "deemed confirmation" in the contract of employment or the standing orders. As long as there is no orders in writing by the employer, the employee remains a probationer only.
Once the Maternity Act,1961 becomes applicable to the establishment, the employment status of the women employee whether she is a confirmed one or probationer or temporary does not matter. As rightly observed by other members above, what is required is that she ought to have worked for 80 days in the preceding 12 months period.
From India, Salem
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Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf