Maternity leave Maternity leave

2 years ago

Hello sir. I am working and 15 week pregnant. This is corona time and my office is quite far so I have applied maternity leave but my hr has denied and they said they can’t give more than 8 week before to due date. Now sir they are finding excuses to terminate me and putting lots of pressure so that I can leave office. Sir please help me what should I do now. I really need leave ? and they are forcing lots of pressure on me

Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Madam
You may directly approach office of labor commissioner to get some relief.
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Amrendra Kumar

Responded 2 years ago

A.File a complaint against them in the labour court.
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Abhimanyu Shandilya

Responded 2 years ago

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A.Section of The Maternity Benefit Act, 1961 clearly mandates termination of a woman form job during maternity will be UNLAWFUL. and as per Section 21 of the Act the Employer can be punished by putting into jail for wrongful termination of woman during pregnancy.


Section 12 in The Maternity Benefit Act, 1961
12. Dismissal during absence of pregnancy.—
(1) When a woman absents herself from work in accordance with the provisions of this Act, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence, or to vary to her disadvantage any of the conditions of her service.
(2) (a) The discharge or dismissal of a woman at any time during her pregnancy, if the woman but for such discharge or dismissal would have been entitled to maternity benefit or medical bonus referred to in section 8, shall not have the effect of depriving her of the maternity benefit or medical bonus: Provided that where the dismissal is for any prescribed gross misconduct, the employer may, by order in writing communicated to the woman, deprive her of the maternity benefit or medical bonus or both.
23 [(b) Any woman deprived of maternity benefit or medical bonus, or both, or discharged or dismissed during or on account of her absence from work in accordance with the provisions of this Act, may, within sixty days from the date on which order of such deprivation or discharge or dismissal is communicated to her, appeal to such authority as may be prescribed, and the decision of that authority on such appeal, whether the woman should or should not be deprived of maternity benefit or medical bonus, or both, or discharged or dismissed shall be final.]
(c) Nothing contained in this sub-section shall affect the provisions contained in sub-section (1).

Section 21 in The Maternity Benefit Act, 1961
25 [21. Penalty for contravention of Act by employer.—
(1) If any employer fails to pay any amount of maternity benefit to a woman entitled under this Act or discharges or dismisses such woman during or on account of her absence from work in accordance with the provisions of this Act, he shall be punishable with imprisonment which shall not be less than three months but which may extend to one year and with fine which shall not be less than two thousand rupees but which may extend to five thousand rupees: Provided that the court may, for sufficient reasons to be recorded in writing, impose a sentence of imprisonment for a lesser term or fine only in lieu of imprisonment.
(2) If any employer contravenes the provisions of this Act or the rules made thereunder, he shall, if no other penalty is elsewhere provided by or under this Act for such contravention, be punishable with imprisonment which may extend to one year, or with fine which may extend to five thousand rupees, or with both: Provided that where the contravention is of any provision regarding maternity benefit or regarding payment of any other amount and such maternity benefit or amount has not already been recovered, the court shall, in addition, recover such maternity benefit or amount as if it were a fine and pay the same to the person entitled thereto.]
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
As per the new amendment in the maternity benefit act it's your right to have a maternity leave of 26 weeks. If your employer doesn't grant you leave you could file a complaint against him in the labour court and the employer can be liable to imprisonment for 3 months, or fine of rs. 5000 or both.
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Anik

Responded 2 years ago

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A.hello
The duration of pregnancy leave under the Maternity Benefit Act in India has been increased to 26 weeks from 12 weeks. The extended period is applicable to women in the case of the first and second children.
If the employer denies maternity benefit to a female employee, the labor court can hold the employer liable to imprisonment for 3 months, fine the employer with an amount up to Rs. 5000, or both, as per the rules for maternity leave in India.
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