Sec 11A of maternity benefits Act (amendment) say 50 or more employees is required.
2)Extending leave w/o pay is purely discretionary.
It cannot be claimed as a matter of right
4) What does your offer letter say about notice pay?
Pl examine all points in holistic fashion
MB Act is for benefit of women,but company cannot and will not go beyond scope of act.
Work from home is also the discretion of the employer.
@Varghese Mathew - I am surprised at this point. The Maternity Act clearly stipulates Creche and its all over news as well. Act clearly says its mandatory.
There is a difference between Act and rules,like POG Act and the central/state rules under it.
Section 11A, introduced by the Maternity Act is that any establishment which has 50 or more employees shall have the facility of creche.
The Maternity Act has not prescribed any details or manner of instituting or maintaining a creche in an establishment. Therefore, the Social Security Division, Ministry of Labour and Employment, has issued a circular dated November 17, 2018, wherein State governments have been requested to frame and notify Rules prescribing amenities and facilities required to be provided in a creche.
Since your organization doesn't have a creche , you have valid ground for denying to report to duty.
So, now you need to make a reverse offer that since there is no creches you are unable to come to work and hence they increase your salary to XXX amount from XX amount to compensate the loss of revenue to you due to lack of non maintenance of creches as prescribed under law, or accept the resignation without further contest while issuing relieving letter and experience certificate along with three months salary.