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Yusuf   02 July 2021

Maternity leave denied

Hello !

My wife is being denied maternity leave by HR. She is working as a full time doctor at a private medical College in U.P. She has been an employee for 6 months before applying for maternity leave. Is she eligible for maternity leave under Maternity Act ? If she is eligible and is denied paid maternity leave then whom to complain and what are the legal options ?


 1 Replies

Saura Patil   03 July 2021


Greetings of the Day!

As per the Maternity Benefit Act, your wife has to serve at least a period of 80 days in order to be eligible for maternity benefits and every female has the right to continue with her services along with paid maternity leaves. 

So in your, case, yes, your wife is eligible for paid maternity leave under the Maternity Benefit Act. 

As per a Madras High Court Judgment,  a woman has a fundamental right to dignity as a mother and the maternity leave term is a part of service period under the maternity policy in India. 

If an employer violates the Maternity Benefit law, he/she is liable for punishment.

Here's what you can do in case your wife is denied maternity leave:

1. You can educate your employer about the legal consequences of denial of maternity leave and benefits with th help of legal provisions related to the allowance of maternity leave

2. You can approach the Labour Commissioner your district and report the situation to the authority.

3. You can take help of a legal professional and send a legal notice to your employer.

4.You can file a case in labour court against the employer for denial of maternity benefits.

5. The employer can be held liable for an imprisonment up to 3 months or fine up to Rs. 5000 or both as per the laws of maternity. 


Hope this helps!


Saura Patil 

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