Query Regarding Maternity Benefit Act

Hi,
I am planning to avail the maternity leave from 1 April 2017 but my hr team informed me that in my organization, the maternity leave is only for four months even though according to maternity benefits act, it should increase from 12 weeks to 26 weeks. What should I do for this???? Pls help me out for this......

Hi Reshu,
Your company HR is not above the law and cannot stop you using the revised Maternity Benefit. Please check with them what is the exact reason they cannot follow this. Please mention the dates in application form properly and send it via Email as a proof of records.
If you land in a tricky situation please consult your nearest labour office.
Regards,
Niraj Sharma

As Niraj has rightly said no company HR is above any Law. The company has to follow the notification issued by the Government or has to face the consequences laid therein.
The question here is you have mentioned that you are planning for MB Leave from April 1, 2017 and you are posting the query in the last week of May, so are you on Maternity Leave or on service please let us know. If you are not availed the MB Leave then please proceed without any undue tension in your mind, which may indirectly affect your health.
Last but not the least you do not have to get approval for the MB Leave like you do for your EL/PL you have to intimate to the employer in writing about your MB as per the Act and the new notification. The company has to adhere to it

Dear Reshu,
First of all congrats !!
You can approach nearest labor office to complain for the same. But before the complain you need to put an application for 26 weeks in writing for approval and if they deny take it in writing and then approach labour office.

Dear Reshu Agarwal,
please clarify your Statement that" I am planning to avail the maternity leave from 1 April 2017" Are you already on Maternity leave? Whether The Maternity Benefit Act, 1961 is applicable to your Establishment? are you eligible for Maternity benefit? when is the expected date of Delivery? What is your organization? nature of activity? What is your Gross Salary?

the enhanced maternity benefit of 26 weeks will be available to women with less than two children.
B.Saikumar
HR & Labour Law adviser
Navi Mumbai

Dear Saiconsult,
The benefit of 26 weeks is available upto and not less than TWO children. Also, for more than 2 children the benefit has been now extended to 12 weeks from earlier no benefit for the same.

Dear Manoj
the language used in the amendment Act is "less than two children". It means the woman employee cannot use the enhanced benefit if she has two children at the time of applying for the maternity benefit. that's my understanding.
B.Saikumar
Hr & Labour Law Adviser
Navi Mumbai.