Maternity Leave Issue - Hr Policy

Hi,
I need an urgent help from all regarding Maternity Rules and law.
Currently i am working in a startup company in Noida. I am expecting a baby in November 2015. Now, as per the HR Policy we have not mentioned anything separately as maternity rule or leaves criteria. For this reason only, the owner of the company is asking me to resign and is looking for my replacement. Though I have asked him to provide me 3 months of mandatory leaves only, after which I would be completely fine to rejoin.

Now my question is, since I don't want to leave this job due to some personal reasons, so what and how exactly I can claim for my Maternity benefits as per the law. Because even if I discuss anything about leaves with him, he says that we don't have any maternity rule in our HR Policy.
Is it possible to claim for 3 months of paid leaves??? and as per my google knowledge, every company is liable to provide 3 months of paid leaves - basic salary of 3 months to be paid in fourth month after rejoining - is this correct ??

Kindly guide me ASAP...

Hello Mam,
Maternity Benefit Act-1961 is a statutory law binding on every establishment if your organization HR policy did not covered it than your policy contravening the law.
According to Sec:5 (1), Every woman shall be entitled and it is the liability of her employer to provide leave with wages for six week immediately preceding the expected date of delivery and six week after the date of delivery.
Yes you are right, you are eligible to claim your maternity benefit.
I suggest you to give a notice to your employer regarding your pregnancy and ask them to relive your from service for 6 week before and after delivery and send this letter copy to appropriate authority in your area who was appointed for the purpose under the law.
If your employer did not provide you what you are entitled to than the appropriate authority grant your entitlement and take action against your organization.
With Regards
PRAVEEN KUMAR E

Maratnity Benefits is not an option that the company can choose to says its not part of my policy, its a mandatory law, which is applicable to all the companies... The company cannot reject it.
Speak to your company owner, tell him that he needs to provide the 3 months paid leave, additional one month unpaid leave and give you back the position you were working, when you join back. Inform him that if he does not heed to this, then you would not be left with any other alternative, but to take the legal action against them.
Regards,
Ashutosh Thakre

Two things: 1. If your company (under shops act) is employing 10 or more perons then the act is applicable to your company. 2. If you complete 80+ working days then you are entitled for benefits under the act.

What the management is saying in this case-we do not want to bear the burden of Maternity benefit payments.
But when there is a law covering the subject,management is bound to follow.
Do not resign.
Apply for entitled Maternity leave as specified in the Act.
Management will create problems but they cannot successfully violate the MB act.
All you have got to do is tell management that you will approach Labour Officer with your problems.
When the management should be concerned with health and well being of employee,it is sad that obstacles are being placed.
Take a clam decision and do not get pressurised.

Hi Nikhil,
My joining date is 1st Dec 2014, so it would be approximately 300 days working as per my planned date of leaves.