My daughter-in-law is working in a private sector since last 2 years. She is not covered under ESIS. During pregnancy she had taken the maternity leave from 1st september 2017 once she had completed her 7th month of pregnancy. On 17th October she had delivered a baby girl and till today she is on her maternity leave. Today Her office has informed her that as per their policy, they will pay her 84 days salary as maternity leave and they will process her for Full and Final and terminate her service without giving any other reason.
My query :
1) What is the latest provision on maternity leave.
2) Whether she is eligible for the maternity leave for 26 weeks as per the new amendment.
3) Whether her termination from service can be treated as harassment to women employee on account of her pregnancy .
4) whether I have to file a suit with the commissioner of Labour?
Dear expert, please help. Urgent please.
Thanks and Regards

From India, Mumbai
One more additional to this discussion : This was her first pregnancy. Thanks
From India, Mumbai
Dear Deepak Sir, maternity Benefit is 26 Weeks. Since the Employee in question is not covered under ESI Act, liability of payment rests with the Employer.Please inform the Employer in writing to extend the benefit for 26 Weeks.Please send Delivery Certificate for the sake of record.
initially, take up the matter with the Employer, before rushing with further action
meanwhile, please furnish more details about the organization, about Employee which are vital to decide whether there is any malafide action by the Employer

From India, New Delhi
Thanks Ram sir.
Does it mean that if the employee is not covered under ESI, she is not entitled for 26 weeks maternity leave? The company is having around 300 employees. The information regarding the eligibility of maternity leave and termination is conveyed through telephonic call by the HR Manager on the instruction of the Directors. We have asked for the written/email communication on the subject stating the reason for the termination.

From India, Mumbai
Dear Deepak Sir,
Your daughter in law falls under new amended maternity act,2017 and as per that she is entitled for 26 weeks maternity leave. Also, termination of services during pregnancy is legally not right. Thus, please let us know if she had completed all the formalities such as leave application in writing, providing necessary updates and reports etc. If she had done these formalities then you can approach labour office and file complaint against the organisation under Maternity Benefit Act,2017.


In addition to what Shri Kamble Sir has said, National/State Women’s Commission also takes cognizance of denial of MB and perhaps provide faster remedy.
From India, Mumbai
Thanks Manoj sir,
As there was no prescribed format for leave application etc, she had informed the management through email for which she had not received any reply. Further knowing that she is pregnant of 7 months, still they had asked her work very late in the evening.No call was responded or reverted once she had gone on leave. Now not ready to email about the termination and offering only 84 days leave as maternity leave only through telephonic talk. Now she will be emailing the Form E stating the leave starting from 1st September 2017 and ending on 28 February 2018.
we will consider both the option i.e. Labour commissioner and the women commission.
Thanks for your help

From India, Mumbai
Thanks Kamble Sir Apart from Form E, do we need to feel any form and submit it to the company. Regards
From India, Mumbai
Please submit Photo Copy of Delivery Certificate issued by Registered medical Practitioner
From India, New Delhi
Hi Deepak Ji,
What happened finally ? Company agreed or not?
How you won the case if you had filed?
Please answer, it may help in my wife's case as well.
Please check my query.

From India, Delhi

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