Maternity Leave Denied at Proprietorship Firm: How Can We Advocate for Our Rights?

Hello,

I want to know that my wife is working with Time Education Institute in Sec 16, Faridabad. She has been working there for the past 2 years. Now she needs maternity leave, but her boss is not giving her paid leave. He is saying Time is a proprietorship firm and they will not provide paid leaves.

Please help, what should we do?

Eligibility for Paid Maternity Leave

She is eligible for paid maternity leave. If she is covered by ESI, then the salary will be paid by ESI. If not, the employer has to pay the salary for those leaves. Speak to the employer about his liability and inform him that he may face a huge problem if you go to the Labour Department.

If they still refuse, then go to the local labour office and claim maternity leave. They will guide and assist you in getting the paid leave from the employer. The employer can't refuse maternity leave or think of terminating her service for this purpose. He will have to pay for those leaves.

However, if you pursue this, after maternity leave, you may not expect a fruitful relationship with the employer, and she may have to look for a job change.

If there are 10 or more employees in the company (which I believe there are), then the Maternity Benefit Act becomes applicable to the company. Since your wife has worked for 2 years, she will definitely be entitled to maternity leave. Check section 6 of the Act and apply accordingly. Keep an acknowledgment of such application with you for future reference.