Maternity leave

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 expected date of delivery of the child. Here, 6 6-month period meant for a maximum limit of leave a woman employee can avail maternity leave during the pregnancy. It's illegal for employers to force a woman employee to avail the maximum limit of maternity leave if the employee has no medical issue post-pregnancy. An employer cannot discriminate against a woman employee based on her pregnancy status during her pregnancy or post-pregnancy, affecting her maternity rights. In the given scenario, you can bring the matter to the notice of 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 for arbitrary and unethical action affecting your maternity rights that amounted to unfair labour practice, the employer may face criminal prosecution and other legal consequences from the concerned authorities. If required, consult or hire an Advocate to navigate the issue in the right way.