Am i eligible for maternity leave if i am on probation

If the establishment is covered IT has to provide the benefits to pregnant woman employee per applicable provisions.

You may go thru;

THE MATERNITY BENEFIT ACT, 1961; 2(b),5

https://www.ilo.org/dyn/travail/docs/678/maternitybenefitsact1961.pdf

https://lawmin.nic.in/ld/P-ACT/1961/A1961-53.pdf

THE MATERNITY BENEFIT (AMENDMENT) ACT, 2017

https://labour.gov.in/sites/default/files/Maternity%20Benefit%20Amendment%20Act,2017%20.pdf

Are you are covered by ESI?

If yes, confirm!

Has anyone asked you to leave or forced/coerced?

Can you establish it or have you captured irrefutable evidence?

In the meantime you may go thru various threads initiated by pregnant woman employees apprehending/facing various issues and pick up relevant points.

https://www.lawyersclubindia.com/forum/Resignation-after-maternity-leave-79271.asp#.UahsGdKAqWN

https://www.lawyersclubindia.com/forum/Maternity-act-74586.asp#.UXPE3qKAqWM

https://www.lawyersclubindia.com/forum/Forced-to-resign-when-enquired-about-maternity-leaves-75754.asp#.UXPC0qKAqWM

https://www.lawyersclubindia.com/forum/Maternity-leave-salary-76258.asp#.UXPDG6KAqWM

 https://www.lawyersclubindia.com/forum/Meternity-leave-75127.asp#.UXPEpaKAqWM

https://www.lawyersclubindia.com/forum/Voluntary-abadonment-from-employment-82097.asp#.Ua8iV9KAqWO

 https://www.lawyersclubindia.com/forum/Voluntary-abadonment-from-employment-82097.asp#.U0pY90eBmXX

https://www.lawyersclubindia.com/forum/Regarding-maternity-leave-100692.asp#.U1N830eBmXU

https://www.lawyersclubindia.com/forum/Resignation-while-on-ml-149838.asp

https://www.lawyersclubindia.com/experts/Resignation-while-on-ml-641316.asp

Employer cannot terminate pregnant woman employee during Maternity Benefit period except in case of misconduct.................

Remain careful and keep proper record to handle allegations of misconduct....if any.

Hi Sir, I have been working in my company for past 7 years and will be released from my project on Mar 1st 2018 and  now 1 month pregnant.. Will HR assign me to projects ? Also I have some 40 PL's/CL's ... Also doctor told I need to undergo maternity related operation at my 3rd month.... Can I remain in bench for 1 month and then take CL/PL and then take LOP and after these, can I take Maternity Leave(since it should be taken before 11th week of your EWC) ? Can company terminate me if on bench ?

Dear LCI Querist @ Mrs. Divya,

While posting query pls post in a new thread and don’t use abbreviations/SMS/Whatsapp language.

Instead use full forms.

What exactly do you mean by ‘Released from Project’, ‘Assign me to projects’, ’Remain in bench’, ‘EWC’?

Apparently the project/assignment/work assigned to you is completing on 1st March 2018…………….!

Thereafter what will happen; will you still remain in employment or not?

Generically speaking; without having gene thru the appointment letter/contact of employment signed by employer with you; until terminated from employment you (employee) remain on rolls of employer.

For Termination employer has to issue Termination order citing reason and/or after issuing SCN conducting domestic inquiry issue speaking termination order.

And/or announce in writing retrenchment/redundancy and pay retrenchment/separation compensation as per ID Act/ service conditions.

You may post the response to all points.

IN the meantime you may go thru the links mentioned above and below as well.

The Maternity benefit period is duly described in the Act.

https://www.lawyersclubindia.com/forum/Maternity-benefit-act-during-probation-period-97413.asp

https://www.lawyersclubindia.com/experts/Metarnity-leave-and-metarnity-benefits-during-probation-period-in-central-govt-service--575746.asp

In case of any leave apply for leave under proper acknowledgment and get approval.

Approved leave must not cause any break in service.