Maternity benefit

You are welcome.

Kindly update the developments in the forum. This shall enrich the forum and shall help many who visit the forum.

Dear All,

Special thanks to founder and supporter of this forum by the suffering girl as well as myself. our confidence reached at heigher side to file this case asap, will update the status of case timely once filed.

One more information got from her, that is she has attended an B-ed examination of during maternity leave. Will it affect our case ? pls share your openion as its important,

Thanks in advance.

Rgds

Ravi

Mr Ravi Prakash

Biggest flaw in your claim is that even though an employee is on medical rest that enough is not sufficient. He/she has to inform the department and apply for leave in writing.  If unable to sign his/her NOK can write to department.

So it was a contract appointment, please check if leave rules of UP State will apply to them.

If the leave rules apply to the Shiksha Mitra the action of department is harsh but not apparently illegal.  It may be illegal if the terms of employment provide any right to employee to keep serving till age of 60.  The terms are not clear.  Elaboration of terms may help to understand the problem better.

We are so sorry to hear about the situation with your wife's employer denying paid maternity leave.

Legal Remedies:

According to the Maternity Benefit Act, 1961, a woman is entitled to maternity leave of up to 26 weeks, with full pay, if she has been employed for a continuous period of 80 days in the 12 months preceding her expected date of delivery.

It is important to check the specific provisions of the Maternity Benefit Act, 1961, as well as any applicable rules or regulations in Maharashtra, to determine the exact eligibility criteria and entitlements for maternity leave in your wife's case.

If your wife meets the eligibility criteria as per the Maternity Benefit Act, 1961, and her employer is denying her the rightful maternity benefits, she can consider taking the following steps:

a. Communicate with the employer: Your wife can communicate with her employer, explaining the provisions of the Maternity Benefit Act, 1961, and asserting her right to maternity leave and benefits.

b. File a complaint: If the employer still refuses to provide the maternity benefits, your wife can file a complaint with the appropriate authority under the Maternity Benefit Act, 1961, such as the Labour Commissioner or the Maternity Benefit Inspector.

c. Seek legal assistance: Your wife may also consider consulting with a lawyer specializing in labor and employment law to understand her rights and explore further legal recourse, if necessary.

For more legal help in Maternity benefit visit Digilawyer

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