My female employee in Karimnagar has claimed 26 weeks of maternity leave but my company has denied it; what are her statutory rights under the Maternity Benefit Act?
MA Asked by Madhuri Dixit from India
Quick Answer
Under the Maternity Benefit (Amendment) Act, 2017, every woman employee is entitled to twenty-six weeks of paid maternity leave for her first two children, subject to having worked for at least eighty days in the preceding twelve months.
Detailed Legal Analysis
Under the Maternity Benefit (Amendment) Act, 2017, every woman employee is entitled to twenty-six weeks of paid maternity leave for her first two children, subject to having worked for at least eighty days in the preceding twelve months. The employer must pay maternity benefit at the rate of the average daily wage, and cannot discharge or dismiss the woman during maternity leave.
Crèche facilities are mandatory for establishments with fifty or more employees, and women with children below six are entitled to nursery breaks. The woman can file a complaint before the Inspector under the Act, and the matter may proceed to a Magistrate's court.
The Telangana High Court may be approached for enforcement of statutory rights. The Telangana Rent Control Act 1960 on maternity benefit may have additional state-specific provisions.
Non-compliance attracts imprisonment up to one year and fine under Section 21.
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.