icon Maternity Pay requirements for redundant employee

I have let go an employee due to budget cuts along with others who will be giving birth later this year around July. She believes that she will still fall under the maternity benefits as per Indian La


A. Dear Client,

The Maternity Benefit Act of 1961 permits a woman employee to request maternity leave if she has worked with the employer for at least 80 days in the 12 months preceding the expected delivery date. The Act is applicable to establishments with ten or more employees, excluding those covered under the Employees State Insurance Act, 1948, which also requires ten or more employees for its application. Maternity leave duration for both first and second-time mothers is 6 months or 26 wee ...ReadMore

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icon Maternity Benefits Related Questions

I am 8 months pregnant.I am eligible for the maternity Benefits as I have served in the company but the problem is my employer is saying either you take 50% of pay for 3 months and 3 months will be lo


A. Dear Client,
Your pregnancy cannot be a ground for your termination from service. If the Company is contemplating taking any such illegal action against you for seeking benefits extended to a female employee under a statute/Act, then they may face worse consequences once you bring the matter to the notice of competent authority. The Maternity Benefit Act 1961 states that a woman employee can apply for Maternity leave even on a probation period if she has worked with the employer for 80 days in t ...ReadMore

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icon Leave without Pay

Hi, I have worked for a company for the last 3 years. I am 6 weeks pregnant now. I am unable to travel to the office as per doctor's advice. I requested to work from home, but my employer said no opti

4 Response(s)

2 months ago


A. Dear Client,
You may consider exploring the Maternity Benefit Act provisions in your jurisdiction. In some cases, if an employer denies work from home and insists on relieving an employee, it could be beneficial to check if taking leave without pay is a viable option under the company policy or employment contract. Additionally, you could discuss the situation with your employer, explaining the challenges you are facing due to your pregnancy and seeking a possible resolution that allows you to c ...ReadMore

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icon Terminated from govt aided company metro

After joining to the organisation worked for nearly about 50days then I applied for maternity leave to the HR but I didn't recieved any acknowledgement copy or leave sanctioned copy. I also not follow

3 Response(s)

2 months ago


A. Dear Sir
Please approach the following authority or similar authority in a state

The Office Commissioner of Labour

Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)

(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.

(2) T ...ReadMore

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icon My employer is not providing paternity leaves

My employer is not providing paternity leaves

1 Response(s)

3 months ago


A. Dear Client,
Your query requires a few more details like the date of joining, length of service rendered by you before delivery etc. However, it is to inform you that as per the provision of the Maternity Benefit Act, 1961, an employee is entitled to maternity leave with full pay on completion of at least 80 days of work in an establishment in the 12 months prior to her expected date of delivery. The duration of maternity leave for both first and second-time mothers is 6 months or 26 weeks. Thi ...ReadMore

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icon By Law can any company terminate the female employee if she is pregnant

Hello Everyone, My wife is 7 months pregnant and she joined one company almost 3 months back and now they are telling my wife to either resign or we will terminate you immediately. When she asked for

2 Response(s)

3 months ago


A. Dear client
Check the employment contract and company policies to understand the terms and conditions of employment, as well as any provisions related to termination. Your wife can schedule a meeting with the HR department to discuss the situation and understand the specific reasons behind the decision. If necessary, your wife may have the option to file a complaint with the relevant labor authorities in your area.

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icon Termination of Employment during Pregnancy

Hi, I am working in IT industry and currently on bench. I am into 4th month of pregnancy and have already notified the employer about the same, the employer has notified about firing a few people on b

2 Response(s)

3 months ago


A. Dear client
The Maternity Benefit Act prohibits the termination of employment during the period of a woman's maternity leave. It also provides for maternity leave and other related benefits. Firing an employee due to pregnancy is considered discriminatory, and it goes against the principles of equal opportunities and protection against unfair termination. As per the Act, a woman cannot be dismissed or discharged or given notice of dismissal during or on account of her absence due to maternity le ...ReadMore

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icon Maternity leave and contract

For contractual employee in chandigarh govt department, if I am getting contact in 6-6 months period with separate employe code each time with same department but by 2 types of agencies and my latest

2 Response(s)

4 months ago


A. Dear Client,
The contractual employees are also covered under the Maternity Benefit Act, 1961 which is a central legislation applicable in all establishments across the country. As per the provision of the Maternity Benefit Act, 1961, the maternity leave is awarded with full pay on completion of at least 80 days of work in an establishment in the 12 months prior to her expected date of delivery. The duration of maternity leave for both first and second-time mothers is 6 months or 26 weeks. This ...ReadMore

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icon Maternity contract and leave with benefits

For contractual employee in govt department, if contact is expired in between my maternity leave period then can I demand for new contact and continuing my leave with benefits?

2 Response(s)

4 months ago


A. Dear Client,
The provisions of 1961 Act seek to invest a woman with a statutory right to make maternity leave and seek payment for the period that she is absent from duty on account of her pregnancy, in accordance with the provisions of the 1961 Act. Limiting factors for the grant of maternity benefits: (i) First, the woman-employee should have worked in an establishment of her employer for a minimum period of 80 days in 12 months immediately preceding the date of her expected delivery. (ii) Sec ...ReadMore

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icon TRANSFER DURING PREGNANCY MONTH

I am working in bank,(pune).I have given application for transfer on deputation to nearest branch as long distance traveling is not possible during pregnancy. I have attached medical certificate with

2 Response(s)

5 months ago


A. Dear Sir,
You may approach the High Court if it is public sector bank otherwise you may approach the following authority.

Please approach the following authority or similar authority in a state

The Office Commissioner of Labour

Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)

(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service ...ReadMore

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