My employer in New Delhi denied my maternity leave, what can I do?
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Below is a comprehensive legal analysis based on Indian law for your question.
Denial of maternity leave violates Delhi Rent Control Act 1958 and the Maternity Benefit Act, and is actionable before the labour court and consumer commission. The Delhi High Court has held that maternity leave is a fundamental right and employers cannot terminate or penalize women for availing it. In New Delhi, you can file a complaint with the labour commissioner and a consumer complaint for deficiency. The Delhi High Court has directed full back wages and reinstatement for women terminated during pregnancy. Under Delhi Rent Control Act 1958, the employer is liable for compensation and penalty for violating maternity rights. You should preserve the appointment letter, medical certificate, and communication with HR for your complaint in New Delhi.
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