My female employee in Mangalore has claimed 26 weeks of maternity leave but my company has denied it; what are her statutory rights under the Maternity Benefit Act?

Detailed Legal Analysis

Your female employee in Mangalore is entitled to 26 weeks of maternity leave under the Maternity Benefit Act, 1961, provided she meets the eligibility criteria set forth in the Act.

The Maternity Benefit Act, 1961 governs the maternity benefits for women employed in India. Below are the key points regarding the statutory rights of your employee:

• Eligibility Criteria:
  • The employee must have worked for at least 80 days in the 12 months preceding the expected date of delivery.
  • The leave can be availed before or after delivery, with a maximum of 26 weeks in total.
• Leave Duration:
  • For a woman who has two or more surviving children, the maternity leave is limited to 12 weeks.
  • For the first child, she is entitled to 26 weeks of maternity leave.
• Notice Requirement:
  • The employee must notify the employer at least 7 weeks before the expected delivery date regarding her maternity leave.
• Payment During Leave:
  • During the maternity leave, the employee is entitled to receive maternity benefit, which is calculated at the rate of the average daily wage for the period of leave.
  • It is mandatory for employers to pay this amount without delay.
• Prohibition of Termination:
  • According to Section 12 of the Maternity Benefit Act, an employer cannot terminate a woman’s employment during her maternity leave.
  • Any dismissal during this period is considered unlawful and can lead to penalties under the Act.

In case your company has denied her maternity leave, it is essential to comply with the provisions of the Maternity Benefit Act, 1961, to avoid legal repercussions. The employee may seek recourse by filing a complaint with the appropriate authority or through legal channels to ensure her rights are upheld.