Maternity Leave for 3rd living children

Dear Client,
After the amendment of Section 5 of the Maternity Benefit Act in 2017, a woman employee having two or more surviving children is entitled to maternity benefit for a maximum period of twelve weeks, out of which not more than six weeks preceding the date of her expected delivery. The Act does not prohibit maternity leave for women with more than two children; it only limits the duration based on the number of children they have. In the K. Umadevi v. Government of Tamil Nadu Case, 2022, the Hon'ble Supreme Court granted maternity benefits to a woman for her third child under the Maternity Benefit (Amendment) Act, 2017, ruling that it constitutes a constitutional right. The top Court of the country affirmed that the right to health, dignity, privacy, and non-discrimination are integral to the Right to Life under Article 21 of the Constitution. Employers who unlawfully terminate or deny or curtail the maternity benefits admissible to women employees under the Act 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 serving a legal notice to the employer, 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.