Legal Counsel Vidhikarya

Responded 4 months ago

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A.Dear Client,
Your query requires a few more details like the date of joining, length of service rendered by you before delivery etc. However, it is to inform you that as per the provision of the Maternity Benefit Act, 1961, an employee is entitled to maternity leave with full pay on completion of at least 80 days of work in an establishment in the 12 months prior to her expected date of 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. In case you met the above criteria of eligibility for claiming maternity leave and, if your application claiming maternity leave is refused/rejected by the employer, reach out to the office of the Labour Commissioner concerned to file a complaint against the employer for arbitrary denial of maternity leave by the employer 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 State Women Commission seeking appropriate relief.
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