Can My Company Deny Maternity Leave Due to Management Change? Seeking Advice

Dear All, I have been working with the organization for one year. I am planning to go on maternity leave and would like to avail myself of the benefit of three months' salary. The company is a private firm. Can they refuse to grant me leave considering that the company's name remains the same but the management has changed?

Please provide guidance on this matter. And, in case they do deny my request, what steps can I take to claim the benefits?

Regards, Upasana

They can't deny the same.

As per Maternity Act, 1961

Eligibility: Sec 5

• Women, including temporary or unmarried, are eligible for maternity benefits when expecting a child and have worked for at least 80 days in the 12 months immediately preceding the date of their expected delivery.

Condition for Claiming Benefits: Sec 6

• Ten weeks before the date of her expected delivery, she may ask the employer to provide light work for a month. At that time, she should produce a certificate confirming her pregnancy.

• She should give written notice to the employer about seven weeks before the date of her delivery, stating she will be absent for six weeks before and after her delivery. She should also name the person to whom payment will be made in case she cannot take it herself.

• She should take the payment for the first six weeks before she goes on leave.

• She will receive payment for the six weeks after childbirth within 48 hours of providing proof that she has had a child.

• She will be entitled to two nursing breaks of 15 minutes each during her daily work until her child is fifteen months old.

• Her employer cannot discharge her or change her conditions of service while she is on maternity leave.

If they deny signing the application, what should I do?

Regards,
Upasana

Dear Upasana, It is the duty of the employer to give you permission.

Regards,
Anjana

As per the Act, the employer is bound to grant such maternity leave. If they deny it, you have the option to move to court.

As per the Act, the employer is bound to grant such maternity leave. If they deny it, you have the option to go to court. You can file a complaint with the government labor officer. He will take it up on your behalf. However, I think you are worrying for nothing. Is the company really ethical? A change of owner does not matter; the company remains the same, and the company is liable to pay.

In addition to the post of Mr. Akhil, a female employee is entitled to one month's leave with wages if she is suffering from any diseases arising out of delivery. Additionally, she is eligible for a medical bonus of Rs. 3500 if the employer is not providing any free medical assistance.

Regards,
Varghese Mathew
Freelance HR/Labour Consultant
Trivandrum
[Phone Number Removed For Privacy Reasons]