I worked in renowed NGO.My joining date is 19th September 2024.Currently I am on 6 month probation period. I will get the confirmation of employment after completeting 6 month probation. My EDD is between 15th to 21st of June 2025. So do i need to follow 80 days criteria to after confirmation to get maternity leave. or HR will consider these 80 days from my joing date? And when i should inform HR about maternity leave?
From India, Pune
From India, Pune
365
As per the Maternity Benefit Act, 1961, the eligibility criteria for maternity leave includes the requirement that the employee must have worked for at least 80 days in the 12 months immediately preceding the date of delivery (EDD).
Key Points Relevant to Your Situation:
80 Days Rule:
The 80 days include all days you have been employed, regardless of whether you are on probation, confirmed, or permanent.
Probation period is considered part of employment; hence, days worked during probation are counted toward the 80-day requirement.
Joining Date and EDD:
Your joining date: 19th September 2024.
EDD: Between 15th and 21st June 2025.
By your EDD, you would have completed approximately 9 months of service (including probation), which is well over 80 days.
Confirmation of Employment:
Confirmation is an internal process and does not impact your eligibility for maternity leave under the law. As long as you meet the 80 days of work in the 12 months before the EDD, you are eligible.
The 80-day criteria will be calculated from your joining date (19th September 2024), not from the date of confirmation. Since you will have already worked far more than 80 days by June 2025, you will be eligible for maternity leave as per the Maternity Benefit Act, 1961.
If your HR raises any questions, you can highlight that the Act considers all days of employment, including those during probation, for calculating the 80-day requirement.
From India, Pune
Key Points Relevant to Your Situation:
80 Days Rule:
The 80 days include all days you have been employed, regardless of whether you are on probation, confirmed, or permanent.
Probation period is considered part of employment; hence, days worked during probation are counted toward the 80-day requirement.
Joining Date and EDD:
Your joining date: 19th September 2024.
EDD: Between 15th and 21st June 2025.
By your EDD, you would have completed approximately 9 months of service (including probation), which is well over 80 days.
Confirmation of Employment:
Confirmation is an internal process and does not impact your eligibility for maternity leave under the law. As long as you meet the 80 days of work in the 12 months before the EDD, you are eligible.
The 80-day criteria will be calculated from your joining date (19th September 2024), not from the date of confirmation. Since you will have already worked far more than 80 days by June 2025, you will be eligible for maternity leave as per the Maternity Benefit Act, 1961.
If your HR raises any questions, you can highlight that the Act considers all days of employment, including those during probation, for calculating the 80-day requirement.
From India, Pune
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