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My maternity leave has ended on 7 the May as per 12 weeks clause however as per recent amendment ,I am eligible for 26 weeks leave.I have shared all documents about amendments from labour ministry website however my organisation says that they have no information that employees who were already on maternity leave as on 1st April are eligible for extended benefits.I have been chasing this with organisation since 27 April and now I am attending office effective 8 the May as my leaves were not extended.Please suggest
From India, Delhi
Dinesh Divekar
Business Mentor, Consultant And Trainer
Partner - Risk Management
Harsh Kumar Mehta
Consultant In Labour Laws/hr
Deputy Manager

Dinesh Divekar

Dear member,
Please check the clarification issued by the Ministry of Labour:
Clarification on Recently Notified Maternity Benefit (Amendment) Act,2017
Dinesh Divekar

From India, Bangalore

Dear remarker01,
Please find the enclosed clarification about your query. Please show this to HR Department even though they did not follow the same please approach DLC office.
You approach management and show them enclosed document.

From United Arab Emirates, Dubai

Attached Files (Download Requires Membership)
File Type: pdf The Maternity Benefit (Amendment) Act, 2017 Clarification.pdf (735.7 KB, 132 views)

I have already done this.Shared clarification released on 8 th May and they are failing to comply. What should I do next as I don’t want to spoil relationship with organisation
From India, Delhi
Dinesh Divekar

Dear member,

If you do not wish to spoil your relationship with the organisation then you will have to accept whatever they say. Anyway, you have joined your duties. Now the only option is to continue duties without grumbling.

However, if you wish to take calculated risk then you may approach the labour officer of your area and explain your situation. Carry proof of your employment like appointment letter, ID card, correspondence with your HR department etc.

What is the size of your organisation. If your organisation is big enough where you do not come across with MD of the company then you may approach the labour officer. However, if you work in private limited or in a company where there is one-man show then you need to exercise your discretion.

Lessons for HR: - On the one side, HR always talks about employee engagement and denies legitimate dues on the another. These double standards of HR are despicable. The HR Head of the member's organisation could be going to the town and giving lectures on leadership. But once back to office, what happens is just antithesis. This is why HR does not get respect and always play second fiddle. When it comes to show the personal leadership, HR always holds back. That is the travesty of the profession is.


Dinesh Divekar

From India, Bangalore
My organisation is a global one spread across many countries and as per them , they have not received any notification from labour department about recent changes hence they can not comply.What is the process by which organisation are informed of changes in labour laws.Also if I have joined office,will it stop me from getting maternity leave extension considering I have been fighting with them even before end of leaves and they were not able to give me satisfactory response.If In future,if organisation is notified by labour department,will it apply to my case and will they be bound to comply as it is mandatory as per recent clarification
From India, Delhi

This is a very ludicrous argument put across by your company. They must know that the government communicated to corporates only through press releases and media. Especially, amendments such as these are never sent to individual companies, since the law is applicable to millions of establishments across the country. I would suggest to request them in writing that they are unable to enforce the law because they have not received it. Ask them for a written confirmation and tell them that you will seek clarification from the statutory authority in writing why they have not sent the circular to your company based on their written response. They know the consequences of such a response.
Alternately, you could complain to labour authorities and they will ask for compliance report and ensure compliance.

From Indonesia, Jakarta
Thanks..Just one more query,Does it say anywhere that if I have joined office,I am not eligible for extended benefits of Maternity Leave
From India, Delhi

It does not say so. Incidentally the punishment for denial of leave is 3 months imprisonment. Please read the amended act and highlight it to your HR guys.
From Indonesia, Jakarta
Dinesh Divekar

Dear member,

If the your HR says that they have not received any notification from the labour department about inclusion of the women employees who were already on maternity leave then it is not just ludicrous argument but silly as well. If labour department did not intimate them then why they did not lodge complaint against the labour department or labour ministry?

If your company is MNC then you may approach the labour office of your area and make a formal complaint. Give your HR a chance to tell labour department about non-receipt of notification.

Nevertheless, before approaching the labour office, I recommend putting up application for the personal interview with the Head HR. Tell him that you have been denied your right to avail of maternity leave for 36 weeks. Tell him that you have taken advice from the members of citehr about the legitimacy of your claim. This forum has HR consultants, labour consultants, retired labour commissioners as their members. Tell him that juniors in his department have blamed labour ministry for not informing them about this new legislation on maternity benefits. Tell him that if your plea is not acceded then you will be forced to approach labour office and onus of unpleasantness created out of your complaint will lie with them and not with you. If Head HR prevaricates or still remains defiant then you may approach the labour office.

Trust me howsoever, your HR senior may be, he/she will develop cold feet to face HR. Most of the MNCs are reluctant to face labour officers. Many members who had some or other HR issue, had approached me personally. I had told them to approach labour office of their area. Just a call from the labour office and the intransigent HR were straightened in no time.

With all said and done, I feel that this decision of denial of maternity leave could be decision of some top boss and he could be firing from the shoulders of HR. Employers in India are yet to come to terms with the new law which gives increases their wage bill. However, instead of educating to the senior management about denial of the legitimate dues, HR thought fit to play yes-person.


Dinesh Divekar

From India, Bangalore
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