You are not entitle to maternity leave but leave without payment. Head is idiot. Give leave application along with medical report.

Dear Querist

As per Law to get maternity leave,

"entitles female employees in Covered Establishments to receive maternity benefits if they have worked with the employer for at least 80 days in the 12 months immediately preceding the date of expected delivery ("Eligible Employee").

as you did not work with the employer as per the act so you will not be entitle to get maternity benefit.

Dear Client,

Under the Maternity Benefit Act, a woman is eligible to receive maternity benefit if she has worked for at least 80 days in the 12 months immediately preceding her expected date of delivery.

See file a petition before high court seeking relief as before date of joining you were pregnant but as per act your time period is not there but the high court shall certainly provide you relief.

woman employee should have minimum 80 working days to her credit in last 12 months counting from start of maternity leave to be eligible for maternity benefits in that organization.

2)  in your case you would have completed only 8  working days . as such you would not be eligible to take leave from 4th may onwards as desired by you

Dear Sir,

There are detailed Service Rules under the special circumstance how dealt like situations faced by you.  Usually there is no threat of loosing job but you will get leave on loss of  pay.

employee who had worked for minimum 80 days before the date of pregnancy in any organisation is entitled for Maternity Leave benefits. 

You can file a complaint before competent officer under the maternity benefit amendment Act against the said company.  They will pass necessary orders regarding the same.  Later you can also approach court for the same

Maternity benefit is applicable to female employee who have worked at least 80 days before she declares her pregnancy. This is the qualification fixed by law. 

You cannot claim maternity benefits under the Maternity Benefits Act.

You can request them to give you a unpaid leave from work, it would be at the discretion whether to allow it or not. Otherwise, there is no other remedy.

As per the Act, to be eligible for maternity benefit, a woman must have been working as an employee in an establishment for a period of at least 80 days in the past 12 months.

Hence you are not eligible for maternity leave 

However you may request the authorities to sanction lave without pay as an extra ordinary or exceptional case  for this purpose.

If there are no provisions in law for this then you may not be able to get any type of leave, so you may better think of your pregnancy and safe delivery of your baby or your employment.

12 Weeks un-paid  job protecting maternity leave are available to you, please ask for the same in writing by mail and see the answer, no body can stop you from availing this benefit. 

Dear Madam,

It is commonsense that the employer must facilitate the pregnant employees irrespective of their respective joining times you may immediately approach High Court of your State and get interim necessary orders in your favour.

Hello, 

To claim benefit of the act then as per section 5(2) of the act you should have worked for atleast 80 days in an organization 

Regards 

Making permanent or work on contract has no effect. All it need that you worked for 80 days in the past 12 months irrespective of employment status.

The maternity benefit is not merely a statutory benefit or a benefit flowing out of an agreement. Kerala high court consistently held that it is attached with the dignity of a woman...” therefore and no distinction can be drawn between an employee on contract and a permanent employee

MATERNITY BENEFIT ACT, 1961 – Section 5 – Maternity Leave – Entitlement to contractual employee – All benefits including leave under the Act are to be given to all employees including muster roll employees and contractual employees at par with regular employees.

If your contractual service is not recognised to the current regular employment then your employment can be considered as afresh, herein you may have to adhere to the rule or law in force.

Even ad hoc employees can  claim benefits under Maternity Benefits Act.

Yes it is applicable

Mam same would be useful only when you have worked for more then 80 days for employer in last one year.

You can claim Maternity benefits as per law as even temporary employees are eligible for the same, who I work for more than 80 days.

You can file a complaint with the assistant labour commissioner for your wrongful termination.

You are eligible. Point is you are in continuous employment doesn't matter whether private or permanent.

See you were relieved from the previous job termination letter was not required see as language of section is that work of 80 days in preceeding year of date of delivery is required so you have worked in that and you are entitled for same so if they deny file a writ before HC claiming relief.

Still that relieving orders and compelling you to leave can ber termed as forceful termination. 

Your contract ended in January 2019 

you were given permanent job in April  2019 

you would not be entitled for maternity benefit 

Since you were on contractual employment and subsequently terminated your that tenure as contractual employee may not be considered as continuity in service for your this permanent employment. 

Your service will be counted afresh from the date of your current employment. 

You may apply for the same and if they do not give the benefir then you may approach the appropriate authority against the said order