A.
Dear Client,
Yes, you are eligible for paid 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 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 the 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 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.
Posted On 14-Oct-2025
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