Can a Company Deny Maternity Leave for Late Application? Seeking Legal Advice and Guidance

Hi all,

I do not have an exact idea about the maternity leave policies or laws, so I need to understand what I can do about it. My wife works in a private BPO firm, it's a big BPO, and she will be delivering our child in 1 or 2 months' time. However, when she went to seek approval for her maternity leave from the AVP HR of the company, the AVP HR person spoke rudely and denied the application by stating that she needed to apply for or seek approval for leave well before 3 months of delivery as it is a company policy.

So, my questions are:
1. Can anybody deny maternity leave on the basis of such a policy?
2. If they still deny the leave, can we take any legal action against the company and the AVP HR?
What can an employee do about it?

Please help us or guide us.

Thanks in advance.

Dear,

She is entitled to maternity leave, and she should inform them in writing that she will proceed on maternity leave from a specific date. No legal action is required. If the company does not pay in lieu of maternity leave, then you can approach the labor court.

Thanks,
J. S. Malik

Dear Malik Sir,

In our company, we have 3 months of maternity leave with half salary. However, I have heard that in some other companies, it is full salary. Are there any rules or policies regarding setting the salary during maternity leave?

Please reply.

Thank you.

Dear Shabana,

Your concern is that they are not following the law. As per the law, the cash benefits available to women employees are as follows:

1. Leave with wages for 12 weeks, which means full wages.
2. A medical bonus of Rs 250 if the employer does not provide free medical care to women.
3. An additional leave with pay for up to one month if the woman provides proof of illness due to pregnancy, delivery, miscarriage, or premature birth.
4. In the case of a miscarriage, six weeks leave with pay from the date of the miscarriage.

The amount of maternity benefit for six weeks is to be paid in advance, but proof of pregnancy is required. The amount due for the subsequent period is to be paid within 48 hours of the production of proof that the woman has delivered the child.

Thank you,
JS Malik

Hello Sir,

Is this only for the first delivery for women? And what if the female employee falls under ESI benefits?

Thank you.

Dear,

These benefits are available for any number of deliveries. There is no limitation in the act. If a woman is under ESI, then these benefits will be given as per the ESI act to the employee. She will be entitled to a 12-week leave and will receive a salary from ESI as per their calculation. One month leave will be granted if there are delivery complications, or 6 weeks of leave will be given in case of a miscarriage.

Thank you,
J.S. Malik

Dear,

As per my notice, the medical bonus has been raised from Rs. 250/- to Rs. 1000/-.

Regards,

R.N. Khola
Skylark Associates, Gurgaon
(Labour Law & Legal Consultants)
09810405361