Denial of maternity leave and immediate cessation of services of the employee

Dear Client,
An employer cannot terminate a female employee during her pregnancy. It's illegal for employers to discriminate against a woman employee based on her pregnancy status, affecting her maternity rights. Be informed that 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 duty-bound to approve her leave and disburse to her all the monetary benefits available under the 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. If required, consult or hire an Advocate to fight back for justice in the right way.