Response

In my view Maternity benefit is available irrespective of date of joining as per law. Service rules of your employer can not prescribe minimum service for this. Even in case of private employer no restrictive rules can be made. In all probability your appointment may be defered on submitting medical certificate. you would be eligible to your 26 weeks of maternity leave as per the regulations of the MB Act, 1961, after having completed 80 days of work at your new workplace. Also, HR policies for Maternity Leave vary from company to company. Please check with the HR department of your company to find out more about its policy on maternity leave.

If the employee becomes ill due to any of the illness arising out of pregnancy/delivery then she is entitled to an additional 30 days leave with wages under the Maternity Benefit Act. One needs to submit proof of illness and the employer has to agree to it.

If after Maternity leave if a women employee requires more days leave that can be adjusted with her available leave balance depending on company HR Leave Policy. Some companies allow women employee to club her Casual Leave(CL)/Sick Leave(SL) /Earned Leave(EL), which she has to her credit, with Maternity Leave. Many do not allow Sick Leave or Casual Leave to be clubbed with Maternity Leave.

Leave Without Pay (LWP) shall only be allowed for use if the employee has no credit balance of SL (Sick Leave) or EL (Earned Leave) or so, but it again depends on the employerÕs HR policy and relationship with the manager.

Reference: THE MATERNITY BENEFIT ACT, 1961 (53 OF 1961), is an act to regulate the employment of women in the private sector for a certain period before and after child birth and to provide for maternity benefit and certain other benefits. It became effective from 12 Dec 1961.

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