Employer's Refusal To Pay Maternity Leave Allowance

Dear Seniors,
I have been working with the academic institution for the past 4 years and I have applied for maternity leave now. My employer blunlty refuses to give me the same saying he does not follow the provisions of the act. Please guide me as to what legal options are available with me?

Dear Member
If your academic institution is covered under Shops and Establishments then you would be entitled to Maternity benefits as prescribed under Section 31 of Punjab Shops and Establishment Act, 1958 and Rule 12 of Punjab Shops and establishments rules 1958.
The statement is made based on the understanding that you are working in Gurgaon. If you are working in any other state you may have to refer to respective state act and rules.
Regards
Preetam Deshpande

I have copied 3 abstracts from Maternity Rule which is self explanatory and is mentioned herein below :

Any woman employed in an establishment and entitled to maternity benefit under the provisions of the Act may give notice in writing in Form 1appended to the Maternity Benefit Rules to her employer, stating that her maternity benefit and any other amount to which she may be entitled under this Act may be paid to her or to such person as she may nominate in the notice and that she will not work in any establishment during the period for which she received maternity benefit.

When a woman absents herself from work in accordance with the provisions of the Act, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence, or to vary to her disadvantage any of the conditions of her service.

Any woman deprived of maternity benefit or medical bonus or both, may within sixty days from the date on which the order of such deprivations is communicated to her, appeal in Form 5 appended to the Maternity Benefit Rules to the Competent Authority and decision of that authority on such appeal, whether the woman should or should not be deprived of maternity benefit or medical bonus or both, shall be final.

Hope that your query must have resolved.

Dear Member,
The Maternity Benefit Act, 1961 applies to a factory, mine or plantation, as well as in shops and establishments. The term factory, mine or plantations have been defined as same as in respective Acts viz.- Factories Act, Plantation Labour Act & Mines Act. The terms shops and establishments have been defined as in which ten or more persons were or are employed. However, appropriate State Govt. has the power to extend the provisions of above Act to other establishments/shops.
Firstly, you must ascertain whether the provisions of above Act are applicable in the academic institution where you are working. Thereafter, you can take up the matter with the appropriate authority of your area designated under above Act for redressal of your grievance/claim.
With regards;

Dear Shabathia,
I may not be familiar with your labor laws in your country, but leaves of this kind is allowed with an accompanying compensation, and your employer should abide because this is your privilege. You may check with your country's labor department or ministry and seek for their help.
Regards.

Yes my institution is covered under Bombay Shops and Establishment Act...I work in Dehradun