• Maternity leave

Hello Sir..
I m currently 9 months pregnant. My scheduled delivery date is just 2 weeks away. At this point of time, I have been selected for a permanent Medical officer post under Kolkata Municipal corporation. I have not received the appointment letter yet. I just wanted to know that if I join before my delivery, am I eligible for maternity leave? ? Or what kind of leave can I avail if I have to join duty within the next 2-3 weeks ? Please help me out in this regard.
Asked 4 years ago in Labour

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10 Answers

Hi

First of all congratulations for both the important stages of life, being a mom and job....You are doing both at same time....Great.....

Join the duty and go on maternity leave.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

To avail maternity it is not necessary that you will have to join before the date of delivery.

If you join in the job even after the delivery of the child then also you will be eligible for maternity leave as prescribed under the Maternity Benefit Act.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

In the above situation the state government either has to.grant an extension on joining or further has to grant the benifit of the maternity leave .

Citing two judgements for the reference in the situation.

https://www.google.co.in/url?sa=t&source=web&rct=j&url=https://taxheal.com/employment-cant-be-refused-because-of-pregnancy-of-women-high-court.html/amp&ved=2ahUKEwi90fCsgcHdAhXEMI8KHSEABUYQFjAMegQIBxAB&usg=AOvVaw2nV9g-Moba8Xd-bq6p7Sae&ampcf=1&cshid=[deleted]

woman employee: No maternity leave if joined government job after delivery: High court ...

https://timesofindia.indiatimes.com › ...

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You woukd be eligible for maternity leave of 26 weeks if you join before delivery

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

Without joining an employment you will not be entitled to any kind of leave.

However you can seek deferment for joining the job citing your pregnancy as reason, the authorities will consider your case as an exceptional case and the joining date may be deferred accordingly.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

1) Its totally depends upon the HR policies and your probation period. Here you check your training could complete on time or not.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Hello,

Yes you can take the maternity and there is no rule which stipulates a period of mandatory service to get the benefit.

Thanks and regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

Yes please join immediately if you can then proceed on ML.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

Hello,

You are not covered under the rules to avail maternity leave as required period of continuous employment for 80 days in preceding year is not completed as you were not in their employment.

You join the job and at the time of delivery take unpaid leaves on account of health.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You have the right to maternity leave regardless of how long you've been in your job, how many hours you work, or how much you're paid. To claim this entitlement, you must give your employer or concern dept the correct notice.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

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