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Dear Madam,

Even though 5 years have passed, you can still proceed because:

Maternity benefit is a statutory right

Delay often occurs due to employer/ESI fault

Courts have allowed delayed claims where employee was misled.

Approach Labour Court / ESI Court

If still unpaid, file case before:

ESI Court, Bangalore

OR

Labour Commissioner (Assistant Labour Commissioner – Area)

Courts usually favor women employees in maternity cases.

Dear Client,
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, probationer, 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 10 or more persons, except employees covered under the Employees' State Insurance Act, 1948, which also requires

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, 202

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 righ

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'

Dear Sir,
This is where your case becomes unique. When you had your first delivery, you had twins. This means you have two surviving children from your first delivery.

Based on a strict interpretation of the rule (i.e., "fewer than two surviving children"), some departments and authorities have previously taken the view that a woman who has twins in her first delivery is not eligible for maternity leave for her second pregnancy. This has led to numerous legal challenges.

Dear Client,
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 t

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. An employer cannot discriminate against a woman employee based on her pregnancy status during her pregnancy or post-pregnancy, affecting her maternity rights. The duration of maternity leave for both first and second-time mothers is 6 months or 26 weeks. This leave can

Dear Client,
A termination may be considered illegal and unjustified if it breaches the terms of the contract or appointment letter by either party to the said contract. Regardless of the reasons, on cessation of employment either by resignation or termination, an employee is entitled to an experience certificate, relieving letter, and F & F settlement dues from the employer within 30 days of the last working day (LWD), and denial of which amounts to unfair labour practices. An employer cannot

Dear Client,
The laws protecting women’s rights in India include the Dowry Prohibition Act, 1961, the Protection of Women from Domestic Violence Act, 2005, the Hindu Succession Act, 1956 as amended in 2005, the Maternity Benefit Act, 1961, the Indecent Representation of Women (Prohibition) Act, 1986, the National Commission for Women Act, 1990, the Medical Termination of Pregnancy Act, 1971, the Equal Remuneration Act, 1976, the Sexual Harassment of Women at Workplace (Prevention, Prohibition