Maternity Rules
1 week ago
I got to know I am pregnant a day before receiving exit mail from company due to project rampdown and since then tried to contact HR and manager to discuss concerns. And now they say since I informed after exit mail so company cannot provide any maternity support. Though I have called and messaged my manager before receiving mail but not connected. Kindly suggest what should I do now.
Under the Maternity Benefit Act of 1961, a woman employee who has worked with an employer for at least 80 days in the preceding 12 months before her expected delivery date is eligible for maternity leave. This law applies to establishments with ten or more employees, excluding those covered under the Employees State Insurance Act of 1948. Maternity leave extends for 26 weeks for both first and second-time mothers and can be taken before or within six months of the expected delivery date. Employers must approve maternity leave applications and provide all monetary benefits mandated by the Act. Discrimination based on pregnancy status is illegal. Maternity leave can be extended in emergencies with a doctor's recommendation. If eligibility conditions are met and the employer rejects a maternity leave application or terminates employment during pregnancy, legal recourse can be pursued through complaints to the appropriate labor authorities, leading to potential prosecution and other legal consequences for the employer.
The Maternity Benefit Act 1961 states that a woman employee can apply for Maternity leave if she has worked with the employer for 80 days in the last 12 months immediately preceding the date of her expected delivery. The Act is applicable to establishments employing TEN or more persons, except employees covered under the Employees State Insurance Act, 1948 which also requires ten or more employees for application of the Act. The duration of maternity leave for both first and second-time mothers is 6 months or 26 weeks. This leave can be availed either before or within 6 months from the expected date of delivery of the child. Once a woman employee applies for maternity leave, the Company is dutybound to approve her leave and disburse her all the monetary benefits available under the Act. It's illegal for employers to discriminate against a woman employee based on her pregnancy status affecting her maternity rights. You can avail 26 weeks of maternity leave with full pay and return to your job and the leave period may be extended in emergency conditions on the recommendation of the treating Doctor or the Medical Board of the Hospital. So, in case you met the above-stated eligibility conditions and your application claiming maternity leave is rejected by the employer or terminates your service during your pregnancy, once you litigate the matter before the competent authority that is the concerned office of the Labour Commissioner/ Inspector, Shops & Establishment, State Health & Family Welfare Deptt concerned by filing a complaint against the employer company for arbitrary denial of maternity leave that amounted to unfair labour practice, your employer has to face prosecution and other legal consequences from the concerned authorities.
A.Dear Sir
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
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