My employer denied me maternity leave saying I have not completed one year with the company. Is this legal?

Detailed Legal Analysis

Under the Maternity Benefit (Amendment) Act 2017, every woman employed in an establishment with 10 or more employees is entitled to maternity benefit of 26 weeks of paid leave, subject to a maximum of two children. The Act does not require a minimum period of service to be eligible for maternity benefit, unlike the earlier provisions that required 80 days of work in the preceding 12 months.

However, the 80-day requirement in Section 5(2) still applies, meaning you must have worked for at least 80 days in the 12 months preceding the expected date of delivery. The employer's refusal on the grounds of not completing one year is illegal if you have worked 80 days in the preceding 12 months.

You are also entitled to a nursing break under the amended Act and crèche facility if the establishment has 50 or more employees. If the employer denies maternity benefit, you can file a complaint with the Labour Commissioner under Section 17 of the Maternity Benefit Act, and the employer is liable to pay the benefit amount plus damages under Section 21.