Maternity and manipulation in documents

Dear client,

Send a Legal Notice to the Employer:
Through a lawyer, you can send a legal notice demanding:
Correction of the falsified resignation and service records.
Immediate payment of maternity benefits with interest.
Compensation for mental harassment and loss of employment.

If the employer does not respond to the legal notice, you can file a case before the Labour Court or Industrial Tribunal claiming:
Payment of maternity benefit under Section 12 of the Maternity Benefit Act.
Compensation for illegal termination and document forgery.
Damages for harassment and mental agony.
Complaint to the Women’s Commission or Human Rights Commission:
Since the action is discriminatory based on your pregnancy, you can also approach the State Women's Commission or National Human Rights Commission seeking justice for violation of your rights.


You can approach the Labour Commissioner in your area and file a complaint under the Maternity Benefit Act, 1961 for non-payment of maternity benefits and wrongful termination. The Commissioner can summon the employer and direct them to pay the pending maternity benefits and take necessary action.

Dear Client,
It's illegal for employers to discriminate against a woman employee based on her pregnancy status, affecting her maternity rights. Once a woman employee applies for maternity leave, the Company is duty-bound to approve her leave and disburse to her all the monetary benefits available under the Act. 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 applies 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. 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. If required, consult with an Advocate experienced in service and social security matters to navigate the issue in the right way.