My employer in Gandhinagar denied me maternity leave — what are my rights?
KA Asked by Karthik Subramaniam 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 Gandhinagar.
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 Gandhinagar. Crèche facility and work-from-home are also mandated under the 2017 amendment.
Disputes are adjudicated by the inspector and appeals lie before the Gujarat High Court under Section 23 of the Act. The employer in Gujarat must also comply with Gujarat Rent Control Act 1999 governing the Gujarat 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.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.