Priti khare 17 July 2021
Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 17 July 2021
Under the new Law, maternity leave is raised from current 12 weeks to 26 weeks. The prenatal leave is also extended from six to eight weeks. However, a woman with already two or more children is entitled to 12 weeks’ maternity leave. The prenatal leave in this case remains six weeks.You can bring this notice to the child & women welfare department in your state.
Vasundhara Singh (Student) 19 July 2021
Maternity leaves and benefits in India are governed under Maternity befit Act and it covers employees of both the private and government sectors. To avail of maternity leave in a private company, the woman should have a working tenure of at least 70 days and she can claim 26 weeks leave out of which 8 weeks can be availed before the delivery and 18 weeks after it and it is irrespective of the salary and position of the employee.
In any case, if she is being denied this leave, she can send a notice to the employer and if no steps are taken by the employer, she can file a complaint with the conciliation officer and it can further be forwarded to labor court under Section 33C of the Industrial Dispute Act.
P. Venu (Advocate) 20 July 2021
You cannot be denied the benefits on the grounds stated, if otherwise eligible. Section 14, 15 &17 of the Maternity Benefit Act provides for the remedy in this context.
"14. Appointment of Inspectors
The appropriate government may, by notification in the Official Gazette, appoint such officers as it thinks fit to be Inspectors for the purposes of this Act and may define the local limits of the jurisdiction within which they shall exercise their functions under this Act.
15. Powers and duties of Inspectors
An Inspector may, subject to such restrictions or conditions as may be prescribed, exercise all or any of the following powers, namely:-
(a) enter at all reasonable times with such assistants, if any, being person in the service of the government or any local or other public authority, as he thinks fit, any premises or place where women are employed or work is given to them in an establishment, for the purposes of examining any register, records and notices required to be kept or exhibited by or under this Act and require their production for inspection;
(b) examine any person whom he finds in any premises or place and who, he has reasonable cause to believe, is employed in the establishment;
PROVIDED that no person shall be compelled under this section to answer any question or give any evidence tending to incriminate himself;
(c) require the employer to give information regarding the names and addresses of women employed, payments made to them and applications or notices received from them under this Act; and
(d) take copies of any registers and records or notices or any portions thereof.
17. Power of Inspector to direct payments to be made
(1) Any woman claiming that-
(a) maternity benefit or any other amount to which she is entitled under this Act and any person claiming that payment due under section 7 has been improperly withheld;
(b) her employer has discharged or dismissed her during or on account of her absence from work in accordance with the provisions of this Act, may make a complaint to the Inspector.
(2) The Inspector may, of his own motion or on receipt of a complaint referred to in sub-section (1), make an inquiry or cause an inquiry to be made and if satisfied that-
(a) payment has been wrongfully withheld, may direct the payment to be made in accordance with his orders;
(b) she has been discharged or dismissed during or on account of her absence from work in accordance with the provisions of this Act, may pass such orders as are just and proper according to the circumstances of the case.]
(3) Any person aggrieved by the decision of the Inspector under sub-section (2) may, within thirty days from the date on which such decision is communicated to such person, appeal to the prescribed authority.
(4) The decision of the prescribed authority where an appeal has been preferred to it under sub-section (3) or of the Inspector where no such appeal has been preferred, shall be final.
(5) Any amount payable under this section shall be recoverable by the Collector on a certificate issued for that amount by the Inspector as an arrear of land revenue."