Pregnancy is the most beautiful experience. But if you happen to be pregnant and also in the process of switching jobs, many questions will come up, primarily about your maternity leave rights. Would the new company provide maternity leave? Would they even consider you for it if you’re already pregnant when you join? Will the time served under the old employer count?
The answer should be really simple. If you find yourself confused, then you are not alone. Many women go through the same thing.
What Is Maternity Leave in India?
Maternity leave in India is a legal right.. According to the Maternity Benefit Act, 1961, every woman working in an establishment with ten or more employees is entitled to paid leave during pregnancy. Some is presented from the Act for consideration:
- You get 26 weeks of paid maternity leave for your first two children.
- For the third one, you are entitled to only 12 weeks of paid leave.
- You should have worked at least 80 days in that firm during the preceding 12 months.
Now comes the question…
What If You Change Jobs During Pregnancy?
This is where issues may begin to arise. In case you are pregnant and planning to switch jobs, you need to know its impact on your maternity benefits.
Let us go through some scenarios:
1. You Switch Employers Early in Pregnancy
If you change employers during the first months of your pregnancy and begin anew in the new firm, this is what you need to know:
- The 80-day rule begins anew with your new employer.
- What it means is that you will need to work for a minimum of 80 days (around 3 months) in the new job to become eligible for maternity leave.
- If you don’t fulfil that rule, you might not receive paid maternity leave from the new company.
What you can do:
Review the policy of the company. Some companies have more generous maternity leave provisions than the law itself. If you’re walking into a good HR policy company, they may treat you well even if you don’t comply with the 80-day rule.
2. You Change Jobs Later in Pregnancy
If you are advanced in your pregnancy and switch jobs, it is harder.
- You will probably not qualify under the 80-day rule.
- You may not receive any paid maternity leave from your new employer.
- Some employers won’t even hire you if you are nearing your due date—yes, it’s not right, but it occurs.
What you can do:
- Talk openly with HR in your hiring process (only if you feel at ease).
- Ask them about their maternity policy outright.
- If at all possible, wait until after your maternity leave to make the job change.
3. What to Do with Maternity Benefits from Your Previous Employer
Unfortunately, maternity benefits do not carry over with you to a new employer. If you were in your previous company for many years and quit, then that time won’t apply there. So even if you were entitled to maternity leave in your previous company, you forfeit all these rights the moment you resign.
4. Are There Any Other Options?
Yes! Here are a few bright suggestions:
- Take your paid leaves (sick leave or casual leave) if maternity leave is not possible.
- Look for health insurance that covers maternity expenses.
- Inquire if you can work from home or be on unpaid leave.
Explore ESI (Employees’ State Insurance) if your salary is under ₹21,000 and you’ve been covered under ESI for some time. ESI may offer maternity benefits.
Final Thoughts
It is possible to change jobs while pregnant, but it’s not something that should be taken lightly. Always inquire about maternity policies at the company before you join. Know your rights by law. Consult with other working mothers. And if possible, consult after giving birth and recovering before making a career change. Pregnancy is a time to feel nurtured, not worried about HR rules. The information you need is available. You can safeguard your health, your work, and your future.