Violation of maternity leave rules

if your employer employs more than 10 employees and is covered by shop and establishments act of your state then as per maternity benefit act 1961, you are entitled to 84 days of paid leave (if you have worked one year prior to that - again that involves complicated maths - your lawyer will explain). denying that may be an offence on part of employer. engage an able counsel specialising in labour matters. as far as 2 hrs of leave for feeding is concerned, explore the option of a baby care room in your work place and try to work an hour extra (if not late then early in the day) if you are comfortable. also think from employer's perspective.

The employer is violating the provisions of the Act.

 

It is 80 days and not 1 year........................."No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit, for a period of not less than eighty days in the twelve months immediately preceding the date of her expected delivery."

Maternity Benefit Act  1961: 2,3,25,27,28

The appropriate Govt. (State/Central as applicable in your case) shall frame the rules.

The Inspector appointed under this Act (State/Central) may be contacted and he/she can provide all details and get you the applicable benefits and penalize the employer. You can also approach bodies like All India Democratic Women’s Association (AIDWA)...................

 The employer can provide benefits that are superior to as in this Act, but can not provide inferior benefits. IN fact some of the private organizations do provide 180days Maternity Benefit and many other benefits e.g. M/s HSBC, Citi bank etc……………….

In private Sector otherwise in addition to 90 days another 1 month leave is applicable if the woman has suffered from sickness sue to pregnancy delivery…………………………………..Medical Bonus of Rs.3500/…………..nursing breaks ………………..

 

There are many threads on Maternity Benefit at LCI that you may go thru e.g;

 

https://www.lawyersclubindia.com/forum/180-days-maternity-leave-for-women-working-in-private-sector-102343.asp#.Vx1rmtQrLIU

 

 

You can download the Act also from these threds and also at;

 

https://hrylabour.gov.in/docs/labourActpdfdocs/Maternity_Benefit_Act.pdf

 

If the emanement has been passed then you can avail 26 weeks Maternity benefit.

You have not even disclosed whether it is govt or non-govt employer.

The querist posted in 1st post/query that; " I am a medical pofessional employed in private sector. "

 

So the response was for private sector.

However the querist may clarify.