Employer Denies Maternity Leave: What Legal Steps Can I Take for Support?

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 bluntly refuses to grant me the leave, stating he does not follow the provisions of the act. Please guide me on what legal options are available to me.

If your academic institution is covered under Shops and Establishments, then you would be entitled to maternity benefits as prescribed under Section 31 of the Punjab Shops and Establishment Act, 1958, and Rule 12 of the 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 the respective state act and rules.

Regards,
Preetam Deshpande

Maternity Rule Abstracts

I have copied three abstracts from the Maternity Rule, which are self-explanatory and 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 1 appended 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 deprivation is communicated to her, appeal in Form 5 appended to the Maternity Benefit Rules to the Competent Authority, and the 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 been resolved.

Understanding the Maternity Benefit Act, 1961

The Maternity Benefit Act, 1961 applies to factories, mines, and plantations, as well as shops and establishments. The terms "factory," "mine," or "plantation" are defined in the respective Acts, namely the Factories Act, Plantation Labour Act, and Mines Act. "Shops and establishments" are defined as those where ten or more persons were or are employed. However, the appropriate State Government has the power to extend the provisions of the Act to other establishments or shops.

Firstly, you must ascertain whether the provisions of the Act are applicable in the academic institution where you are working. Thereafter, you can take up the matter with the appropriate authority in your area designated under the Act for the redressal of your grievance or claim.

Regards,

I may not be familiar with the labor laws in your country, but leaves of this kind are typically allowed with accompanying compensation. Your employer should comply because this is your privilege. You may want to check with your country's labor department or ministry and seek their help.

Regards.

Yes, my institution is covered under the Bombay Shops and Establishments Act. I work in Dehradun.