My employer in Mumbai denied me maternity leave — what are my rights?
SH Asked by Shobha Kapoor from India
Quick Answer
Maternity benefit is guaranteed under the Maternity Benefit Act, 1961, providing 26 weeks of paid leave for up to two children, with seven weeks before and 18 weeks after delivery for women working in Mumbai.
Detailed Legal Analysis
Maternity benefit is guaranteed under the Maternity Benefit Act, 1961, providing 26 weeks of paid leave for up to two children, with seven weeks before and 18 weeks after delivery for women working in Mumbai. Crèche facility and work-from-home are also mandated under the 2017 amendment.
Disputes are adjudicated by the inspector and appeals lie before the Bombay High Court under Section 23 of the Act. The employer in Maharashtra must also comply with Maharashtra Rent Control Act 1999 governing the Maharashtra Shops and Establishments Act for women employees.
Dismissal during maternity leave is prohibited under Section 12. File a complaint with the labour department for non-compliance.
Legal Provisions Referenced
Verify the current statutory text at India Code (the official repository of Indian legislation) or the Legislative Department. This answer is general legal information, not advice on your specific matter.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.