• Maternity leave after joining job

After pregnancy we get a child in the month of july15 . now my call letter for the post of lecturer in Uttarakhand state govt has come. Can I avail maternity leave after joining this job? If yes then for how much time? Any ruling or govt. order in such cases?
Asked 4 years ago in Civil Law from Nainital, Uttarakhand
1. 80 days of minimum service is required for an employee to avail the maternity leave under the law.  It is only if an employee works continuously for 80 days in the last 12 months immediately preceding the date of her expected delivery that she becomes entitled to the benefit of maternity leave. During maternity leave, leave salary equal to last pay drawn is admissible. 

2. Since your child's delivery took place prior to you getting the appointment letter for the job and you have not even joined yet, you do not meet the necessary legal criteria of continuous employment for 80 days to avail the maternity leave benefit. Hence, you cannot get the maternity leave.
Ashish Davessar
Advocate, Jaipur
23169 Answers
641 Consultations

5.0 on 5.0

Yes you join the college and take leave file a writ in the high court fir the same since 80 days will not be completed
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultation

4.5 on 5.0

1) under maternity benefit Act you are entitled to maternity leave if you have worked for 80 days in past 12 months . 

2) since your delivery date is 15th july 2014 you wont be entitled to any maternity leave as you have not worked for continuous 80 days in last 12 months to avail maternity benefit
Ajay Sethi
Advocate, Mumbai
46846 Answers
2771 Consultations

5.0 on 5.0

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.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations

4.7 on 5.0

no, you Cannot  avail maternity leave after joining this job as you have not worked for continuous 80 days in last 12 months .
R.K. Nanda
Advocate, New Delhi
457 Answers

4.7 on 5.0

1. Maternity Leave is not permitted for post delivery joining,

2. If you had joined the organisation , worked for atleast 80 days there and then had delivered the baby, you could have availed the maternity leave,

3. In the instant case, you are not entitled to any maternity leave.as per Maternity Benifit Act.
Krishna Kishore Ganguly
Advocate, Kolkata
18785 Answers
454 Consultations

5.0 on 5.0

You are not entitle to get the benefit of this facility because of your work days, 80 days is mandatory.
Nadeem Qureshi
Advocate, New Delhi
4880 Answers
226 Consultations

4.9 on 5.0

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