A.
Dear Client,
The Maternity Benefit Act 1961 states that a woman employee can apply for Maternity leave if she has worked with the employer for 80 days in the last 12 months immediately preceding the date of her expected delivery. The duration of maternity leave for both first and second-time mothers is 6 months or 26 weeks. This leave can be availed either before or within 6 months from the date of delivery of the child. Once a woman employee applies for maternity leave, the Company is dutybound to approve her leave and disburse her all the monetary benefits available under the Act. It's illegal for employers to discriminate against a woman employee based on her pregnancy status affecting your maternity right. You can avail 26 weeks of maternity leave with full pay and return to your job even if you have worked for a short period in the company before seeking maternity leave. and the leave period may be extended in emergency conditions on the recommendation of the treating Doctor or the Medical Board of the Hospital. So, if your application claiming maternity leave is rejected by the employer or terminate your service, reach out to the office of the Labour Commissioner concerned to file a complaint against the employer company for arbitrary denial of maternity leave that amounted to unfair labour practice for redressal of your grievance. You can also bring the matter to the notice of the Directorate of Health and Family Welfare of the State and the Chairperson, the State Women Commission, Inspector of Shops and Establishments seeking appropriate relief.
Posted On 24-Nov-2023
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