Legal Question in Employment Law in India

Re: Maternity leave inprivate medical college

Section 5 of the Maternity Benefit Act, 1961 provides that every women shall be entitled to and her employer shall be liable for the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence.

Further Section 5(3) of the Act provides that the maximum period for which any women shall be entitled to maternity benefit shall be twelve weeks of which not more than six weeks shall precede the date of her expected delivery. However if she fails to give notice, she shall give notice as soon as possible after the delivery.

Therefore, it is clearly established that a woman is entitled to paid maternity leave and she must give a notice to her employer for the said purpose.

However in the present case the employer is refusing to give paid maternity benefit.

Therefore, in this connection it is advisable that a complaint be made to the Inspector appointed under the Act (Labour Inspector) under Section 17 of the Maternity Benefit Act, 1961.

For your information in Andhra Pradesh, Office of the Director of Factories, D.No. 1-10-17, Ashoknagar Hyderabad 500 020 is responsible to implement the provisions of the act.

Hope the above is in order.