Maternity leave
Prakash Singh
(Querist) 01 June 2012
This query is : Resolved
Dear Sir/mam,
I am a law Student & my Wife is working in a LTD Company based in delhi itself ,Now my wife has asked for paid maternity leave from her company as she is 7 months pregnant.but the company is denying the same & asking to resign on the basis of company internal HR policy in which its mentioned that a employee will not be entitled to take maternity leave before two years of service . My wife just have completed a year of job in the company & hardly taken 12 leaves in a years of service. She is hard working & also got salary hike on same basis which we do have proof of the same given by the the company. please guide us what action can we taken if company reject her leave on basis of company internal policy. thanks
Guest
(Expert) 01 June 2012
Dear Prakash,
The question arises, how much service your wife has rendered with the company? if she has rendered less than 240 days of service with the present company, she cannot claim maternity leave from the company.
If she has already rendered service of 240 days or more, the company can neither refuse maternity leave, nor can compel her to resign.
Prakash Singh
(Querist) 01 June 2012
Dear Sir,
thanks for the reply.She(my wife) has rendered service more then 365 days in the present company.
Now The company is neither accepting the maternity leave application on mail not reverting anything on the same issue plz help
thanks
ajay sethi
(Expert) 01 June 2012
Maternity Benefits Act in 1961. According to this act, a woman who is employed with any company is entitled to six weeks of paid leave. if company is refusing to give leave issue legal notice to company .The notice should mention how long you have worked for the company, your expected due date, and the starting and ending dates of your leave.
Sankaranarayanan
(Expert) 01 June 2012
yes well explained by all experts
i do accept the same
Guest
(Expert) 01 June 2012
Dear Prakash,
Section 5 of the Maternity Benefits Act 1961 specifies the right to the benefits of the maternity benefits act. On the other hand Section 6 of the Act clearly lays down about the provision for notice to the employer, which states, as follows:
1) Any woman employed in an establishment and entitled to maternity benefit under the provisions of this Act may give notice in writing in such form as may be prescribed, to her employer, stating that her maternity benefit and any other amount to which she may be entitled under this Act may be paid to her or to such person as she may nominat6 in the notice and that she will not work in any establishment during the period for which she receives maternity benefit.
(2) In the case of a woman who is pregnant, such notice shall state the date from which she will be absent from work, not being a date earlier than six weeks from the date of her expected delivery.
(3) Any woman who has not given the notice when she was pregnant may give such notice as soon as possible after the delivery.
(4) On receipt of the notice, the employer shall permit such woman to absent herself from the establishment during the period for which she receives the maternity benefit.]
(5) The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on production of such proof as may be prescribed that the woman is pregnant, and the amount due for the subsequent period shall be paid by the employer to the woman within forty-eight hours of production of such proof as may be prescribed that the woman has been delivered of a child.
(6) The failure to give notice under this section shall not disentitle a woman to maternity benefit or any other amount under this Act if she is otherwise entitled to such benefit or amount and in any such case an Inspector may either of his own motion or on an application made to him by the woman, order the payment of such benefit or amount within such period as may be specified in the order.
FURTHER, Section 21 prescribes penalties for the employer for contravantion of Act, as follows:
(1) If any employer fails to pay any amount of maternity benefit to a woman entitled under this Act or discharges or dismisses such woman during or on account of her absence from work in accordance with the provisions of this Act, he shall be punishable with imprisonment which shall not be less than three months but which may extend to one year and with fine which shall not be less than two thousand rupees but which may extend to five thousand rupees:
Provided that the court may, for sufficient reasons to be recorded in writing, impose a sentence of imprisonment for a lesser term or fine only in lieu of imprisonment.
(2) If any employer contravenes the provisions of this Act or the rules made thereunder, he shall, if no other penalty is elsewhere provided by or under this Act for such contravention, be punishable with imprisonment which may extend to one year, or with fine which may extend to five thousand rupees, or with both:
Provided that where the contravention is of any provision regarding maternity benefit or regarding payment of any other amount and such maternity benefit or amount has not already been recovered, the court shall, in addition, recover such maternity benefit or amount as if it were a fine and pay the same to the person entitled thereto.
Deepak Nair
(Expert) 01 June 2012
Act as advised by Mr.Sethi.
A company is not entitled to frame any internal policy which is against the law in force.
R.K Nanda
(Expert) 01 June 2012
Agree with experts.
Prakash Singh
(Querist) 01 June 2012
Thanks All for your Legal Guidance & kind Support , I would Also Like to get one point clarified from you all that Suppose She(my wife) has asked for maternity leave from her company on 10 may 2012 & will serve one month notice till 10 june 2012 which is approx 9 weeks prior to date of expected delivery & then will go on leave for 3 months on doctor recommendation will it be legally ok to be absent from work, earlier than six weeks from the date of her expected delivery as stated in point no (2) by Mr PS Dhingra sir
Guest
(Expert) 01 June 2012
Your wife can serve notice, as per the provisions of sec. 6(2) of the Maternity Benefits Act.
Deepak Nair
(Expert) 02 June 2012
Yes, your wife can. Her service cannot be terminated during maternity leave.
