I am 5 months pregnant and working in a private firm in Ghaziabad, what maternity benefits am I entitled to?

Detailed Legal Analysis

Maternity benefits are governed by the Maternity Benefit Act, 1961, as amended, and the Uttar Pradesh Rent Control Act 1972 may provide additional benefits specific to your state. You are entitled to 26 weeks of paid maternity leave for your first two children, subject to having worked 80 days in the preceding 12 months.

Your employer cannot terminate you during the maternity leave period, and you are also entitled to a medical bonus and nursing breaks. The Allahabad High Court has held that denial of maternity benefits is a violation of Article 42 of the Constitution, which directs the state to make provisions for just and humane conditions of work and maternity relief.

You must give a written notice to your employer in Ghaziabad along with a medical certificate confirming the pregnancy. In case of miscarriage, you are entitled to six weeks of leave with wages.