Maternity Leave In Proprietorship Firm? - CiteHR
Riteshmaity
Labour Law Advocate
Saravanan_d_
Senior Manager - Statutory Compliance
+1 Other

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Hello
I want to know that i my wife is working with time education institute sec16 faridabad.she is working from last 2 year now she need meternity leave but he boss is not giving her paid leave.He is saying time is proprietorship firm.we will not give u paid leaves
Please help what to do?

She is eligible for paid maternity leave. If she is covered in ESI, then the salary will be paid by ESI.
If not, the employer has to pay the salary for those leaves. Speak to the employer about his liability and inform that he may face huge problem if you go to Labour Department.
If they still refuse, then, goto Local labour office and claim for maternity leave. They will guide and will assist you in getting the paid leave from the employer. Employer can't refuse for maternity leave or think for termination of her service for this purpose. He will pay for those leaves. If you do this, after maternity leave, you may not expect a fruitful relationship with the employer then and she may have to look for job change.

If there are 10 or more employees (which I think it is) in the company then the Maternity Benefit Act becomes applicable to the company.
Since your wife has worked for 2 years, she will definitely be entitled to maternity leave.
Check section 6 of the Act and apply accordingly. Keep an acknowledgment of such application with you for future reference.

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