Maternity benefits

Dear Client,
An employer cannot discriminate against a woman employee based on her pregnancy status during her pregnancy or post-pregnancy, affecting her maternity rights. It's illegal for employers to discriminate against a woman employee based on her employment status or pregnancy status. Section 12 of the Act explicitly prohibits employers from dismissing or terminating a woman’s employment on account of her pregnancy or absence due to maternity leave. The Maternity Benefit Act 1961 states that a woman employee can apply for Maternity leave regardless of her nature or category of employment, i.e, probation, intern, casual, contractual, or permanent 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 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. Once you are eligible for maternity leave, you are entitled to avail of 26 weeks of maternity leave with full pay and return to your job, and the employer can not fire you from employment because of absence from work owing to pregnancy. Section 27 of the Act ensures that maternity rights are protected during this period, preventing misuse of contract expiry as a reason to deny maternity benefits. Employers who unlawfully terminate or deny maternity benefits to women employees may face severe penalties under Sections 21 and 22 of the Act, including fines up to Rs 5000 and imprisonment up to 5 years or both, once an aggrieved employee 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 illegal action affecting your maternity rights that amounted to unfair labour practice. In the given scenario, serving a legal notice to the employer, you can escalate your grievance before the concerned authorities to navigate the matter effectively.

Dear Madam,

Shutting down the company does not nullify the employer's obligation to pay maternity benefits already accrued.

If your employment is terminated due to closure, it cannot be used as a tool to deny you maternity benefits if you are already eligible.

The Supreme Court and High Courts have held that an employer cannot use closure, retrenchment, or resignation as an excuse to avoid maternity payment obligations.