Maternity Leave Policy

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 Act is applicable to establishments employing TEN or more persons, except employees covered under the Employees State Insurance Act, 1948 which also requires ten or more employees for application of the Act. 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 expected 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 her maternity rights. Any change in company policy or terms of employment, while a woman employee is on maternity leave affecting her service condition or clubbing other leave with the maternity leave is impermissible and infructuous under the law being detrimental to the objectives and the provisions of a Social Security Act. So, in case a female employee meets the above-stated eligibility conditions and her application claiming maternity leave is rejected by the employer or terminates her service during her pregnancy or post-pregnancy without following the mandatory provisions of relevant law and once she litigates the matter before the competent authority i.e, the concerned office of the Labour Commissioner/ Inspector, Shops & Establishment, State Health & Family Welfare Deptt concerned by filing a complaint against the employer company for arbitrary denial of maternity leave or terminating the service during her pregnancy or post-pregnancy that amounted to unfair labour practice, the employer has to face criminal prosecution and other legal consequences from the concerned authorities.

Dear Client,
In some cases, the employer may waive the notice period if the woman employee can provide a valid reason for leaving the job without notice, such as a medical emergency or a family emergency. Quitting job after took benefit under maternity act is not good conduct. If the agreement of the employment mandates notice period, then without serving notice period and resigning from the company might result in withholding of salary. If the policies or agreement of employment is changed which is in violation of Maternity Benefit Act, it can be challenged. Regarding the clubbing of other benefits, The Maternity Benefit Act only provides for maternity leave and no other benefits. Clubbing of additional benefits depends on the policy of the company. We hope that our response is helpful to you.