Maternity leave rules along with promotion

Dear Client,
In the query, it is noted that you took maternity leave for two months during the period whereas under the Maternity Benefit Act, 1961, 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. An employer cannot discriminate against a woman employee based on her pregnancy status during her pregnancy or post-pregnancy, affecting her maternity rights. 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. 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. So, in the given scenario, serving a legal notice to the employer, you can escalate your all grievances before the concerned authorities as stated above to navigate the matter effectively. If required, consult with an Advocate specialising in service/employment and social security laws to navigate the matter correctly and legally.