Facing Maternity Leave Challenges at a Startup: How Can I Secure My Rights?

Hi, I need urgent help from everyone regarding maternity rules and laws. Currently, I am working at a startup company in Noida. I am expecting a baby in November 2015. As per the HR policy, we have not specifically mentioned anything about maternity rules or leave criteria. Due to this reason, the company owner is asking me to resign and is searching for my replacement. Despite my request for three months of mandatory leave only, followed by my willingness to return to work, the situation remains unresolved.

Claiming Maternity Benefits

My question is, since I do not wish to leave this job due to personal reasons, how can I claim my maternity benefits according to the law? Even when I try to discuss leave options with him, he insists that our HR policy does not cover maternity rules.

Possibility of Paid Leave

Is it possible to claim three months of paid leave? Based on my research, every company is obligated to provide three months of paid leave, with the basic salary for those three months being paid in the fourth month after rejoining. Is this information correct?

I would appreciate your prompt guidance on this matter.

Thank you.

Understanding the Maternity Benefit Act of 1961

The Maternity Benefit Act of 1961 is a statutory law binding on every establishment. If your organization's HR policy does not cover it, then your policy is contravening the law. According to Section 5(1), every woman shall be entitled, and it is the liability of her employer to provide leave with wages for six weeks immediately preceding the expected date of delivery and six weeks after the date of delivery. Yes, you are right; you are eligible to claim your maternity benefit.

I suggest you give notice to your employer regarding your pregnancy and ask them to relieve you from service for six weeks before and after delivery. Send a copy of this letter to the appropriate authority in your area who was appointed for this purpose under the law. If your employer does not provide you with what you are entitled to, the appropriate authority will grant your entitlement and take action against your organization.

With Regards,

PRAVEEN KUMAR E

Maternity Benefits and Legal Obligations

Maternity benefits are not an option that the company can choose to deny, as it is not part of my policy; it is a mandatory law applicable to all companies. The company cannot reject it.

Please speak to your company owner and inform him that he needs to provide three months of paid leave, an additional one month of unpaid leave, and reinstate you to the position you held before your leave. Let him know that if he does not comply with these requirements, you will have no choice but to take legal action against the company.

Regards,
Ashutosh Thakre

Two things:

1. If your company (under the Shops Act) is employing 10 or more persons, then the act is applicable to your company.

2. If you complete 80+ working days, then you are entitled to benefits under the act.

Management's Responsibility Under Maternity Benefit Act

What the management is saying in this case is that they do not want to bear the burden of maternity benefit payments. However, when there is a law covering the subject, management is bound to follow it. Do not resign. Apply for the entitled maternity leave as specified in the Act. Management may create problems, but they cannot successfully violate the Maternity Benefit Act. All you need to do is inform management that you will approach the Labor Officer with your concerns. When management should be concerned with the health and well-being of employees, it is unfortunate that obstacles are being placed. Take a calm decision and do not get pressurized.