Is It Legal to Deny Maternity Leave for Less Than a Year of Service? What Could Happen in Court?

I am working in a hospital where it is a policy that to avail maternity leave, it is required to complete one year in the organization. An employee who was pregnant but did not complete one year is on leave without pay for 84 days because, as per the company policy, she cannot avail maternity leave.

Is this policy legally correct? Also, tell me that if it is wrong and is challenged in court, then what punishment can the employer get?

According to the Maternity Benefit Act of 1961, a woman employee is eligible for maternity leave for 12 weeks. She must have worked for 80 days in the 12 months immediately preceding the date of delivery for that eligibility. Leave days and layoffs are considered as worked. Of the 12 weeks of leave, not more than 6 weeks shall precede the expected delivery date. The benefit paid is at the average rate of wages for the three months before her maternity leave. In the case of a miscarriage, there is provision for 6 weeks of leave with pay at the same rate as applicable to maternity benefits. Additionally, there is a Medical Bonus of Rs 2500.

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Dear Lokesh,

Is there a particular duration for the Maternity Benefit Act 1961? As per policy, the company has to provide 12 weeks for pregnant women before delivery and after delivery, within six months she will get 75% wages from her salary.

Can you please clarify this?

Regards,
Charvaka Reddy

Dear Anshu,

I am enclosing the details of Maternity Rules for your study. However, you have not mentioned which state you belong to. Please feel free to ask me any questions.

Shrikant
9423376641

Dear [User],

Your hospital policy does not seem to be in line with the Maternity Benefit Act, 1961. Mr. Lokesh has provided you with the details of this Act. For the Gurgaon area, the law-enforcing officer is the Welfare Officer (Woman) at Sector 15A, opposite Telephone Exchange, Faridabad, whose mobile number is 9911168009. You may contact her for the redressal of the grievance of the employee seeking maternity benefits from the hospital management.

With Regards, R.N. Khola

Please, can anyone guide me? I joined a company on 1st June 2006, then I was on leave without pay from 25th November to 6th March 2007. After that, I left the company and have not been working since. Now, I want to withdraw my PF money. Can I do so, and how? What's the procedure? Urgent!

Dear Reddy,

The female employee should take a 6-week leave without fail after delivery. Full wages will be provided for the entire leave period.

I want to go to my native place for delivery. In my native place, there is no ESI Hospital. Can you please confirm if I can receive treatment at a private hospital and have the amount reimbursed?

Regards,
Parimalam

I want to go to my native place for delivery. In my native town, there is no ESI Hospital available. Could you please confirm if I can take treatment at a private hospital and have the expenses reimbursed?

Regards,
Parimalam

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Can you please guide me on this? I joined an ITES firm in April 2010 and availed maternity leave from February 2011. I need to report back to work from May 8th. However, I will not be able to rejoin as my son is not keeping well. Kindly advise if my maternity benefits, i.e., salary paid for 3 months, will have to be paid back. Also, I am not in a position to serve the notice period due to my newborn's health. Kindly advise.

Regards,
Manasi

I wonder if you received a reply to your question. I too have a similar query on maternity benefits and would like to know if an employer can make such a rule or policy that a woman is entitled to maternity benefits only if she serves an organization for a year and not before that. It would be very helpful if someone could respond to this and also shed some light on what defense an organization can take in case it denies maternity benefits to its employees until they complete one year of service.

Thank you,
Bharti

Am I entitled to get maternity benefits from my company? The company has fired me at the end of my 6th month of the maternity period without any prior notice period, citing the reason that they cannot afford my salary anymore. They are claiming that they are not obligated to pay me any maternity benefit since it is a Limited Liability Partnership company with less than 10 employees. This company is an Educational Institute (a Private MBA college) in Maharashtra, India. I joined this company on October 22, 2011, and the company asked me to leave on May 1, 2011, without providing any prior notice. Could you kindly suggest if I am entitled to any compensation (for being fired without any notice period) and maternity benefits (3 months paid leave or so)?

You need not pay back the salary availed during maternity leave. Extension of leave may result in loss of pay for the extended leave period only. Don't worry; no consequences will arise from leave extension, but inform them with a doctor's certificate.
Pon

Hi! I need to know if a female employee who is on maternity leave is eligible for retirement benefits such as PF, Gratuity, etc., for those particular 12 weeks in addition to her daily wages. Please reply.

Regards,
Deepti