No relief from the employer
MG N RAO
(Querist) 08 October 2011
This query is : Resolved
my wife has been denied child care leave by her employer even though on genuine grounds and she is the lone employee so far to be turned down it is vested interest only. now she is transferred to another place and orders has been issued by the highest authority ie. head quareters at delhi still relieving is not done and also no child care leave and he has virtually caused office arrest of a female employee what is the quick legal remedy for us
Sankaranarayanan
(Expert) 08 October 2011
The Maternity Benefits Act, 1961 clearly explained about your problem.sec 9 and 10 explained well about the leave.
You consult your nearest lawyer and do action
ajay sethi
(Expert) 08 October 2011
The Central Government passed the Maternity Benefit Act in 1961 which extends to the whole of India and applies to every establishment belonging to the government and to every establishment which may be industrial, commercial, agricultural or otherwise.
Working Journalist and Other News Paper Employee’s (Conditions of Service) and Miscellaneous Provisions Act, 1955
Rule 29
A female employee who has completed one year of continuous service is entitled to three months of maternity leave.
Maternity Benefit Act, 1961
Section 4
The Act provides 12 weeks as the maximum period for which any working woman shall be entitled to maternity benefit. She can avail this benefit as 6 weeks upto and including the day of her delivery and 6 weeks immediately following the day of her delivery.
Section 9
In case of miscarriage or medical termination of pregnancy, a female employee can avail maximum 6 weeks leave with average pay from the date of miscarriage or termination of pregnancy.
Section 10
Also additional leave with pay for upto 1 month can be availed on production of proof, revealing illness due to pregnancy, delivery, miscarriage, or premature birth.
contact a local lawyer . issue legal notice
MG N RAO
(Querist) 08 October 2011
both are minor children aged 4y and 7y the employer says it is your problem when ur employemnt is here why did u shift ur family as far as grant of child care leave or relief is concerned it is my right is what he says now what is the advise for us
Sankaranarayanan
(Expert) 08 October 2011
what i given suggestion by way you can send the legal notice.
