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If your employer has withheld any payment or maternity benefit from you or has dismissed you on account of your maternity leave, then you can approach the following authorities:
Inspector
You can approach the inspector to make a complaint. The inspector may make an inquiry on his own or after receiving a complaint, and pass orders based on the case. (( Section 17(1) and Section 17(2), The Maternity Benefit Act, 1961.)) Commonly, the inspectors appointed under this law are labour regional commissioners. To know which officers have been designated as inspectors, click here.
You can appeal the decision of the inspector to the Labour Court. You should file the appeal within 30 days from the date on which the decision is communicated to you. (( Section 17(3), The Maternity Benefit Act, 1961.)) However, if you do not file an appeal then the decision of the inspector is final. (( Section 17(4), The Maternity Benefit Act, 1961.)) You can request the advice of a lawyer for the same.
National and State Commissions for Women
The National Commission for Women (NCW) is a national-level government organization that is empowered to investigate complaints related to issues faced by women. The NCW will help you by:
- Monitoring and expediting the investigations being led by the police.
- Providing counselling or a hearing before the NCW. This is done to resolve disputes between the two parties.
You can get in touch with them by either calling the helpline number 1091, or sending an email to ncw@nic.in, or filing an online complaint. Further, you can also approach the State Commission of Women situated in your state, and ask them for help.
Mili Verma
September 22, 2023
Hi,
I’m Mili Verma working in karma Ayurveda (KRM ) 77 TARUN ENCLAVE PITAMPURA DELHI as a PRE… I want meternity pay leaves but company didn’t give me the paid leave… infect when I asked them in mail they said they will do the needful as per the company policy… but what is the policy I don’t knw they didn’t give me in written what will they pay
Alka Manral
September 2, 2024
1) As per the Maternity Benefit Act, 1961, if your company has 10 or more employees, you are entitled to paid maternity leave. If you are a 1st or 2nd time mother, you can get a maximum of 26 weeks of paid leave of which 8 weeks of leave can be taken before the expected delivery date. For mothers with two existing children, you are entitled to maximum of 12 weeks of paid leave of which 6 weeks of leave can be taken before expected delivery date. 2) Your employer must provide you with the paid maternity leave, as must be provided in the policy of the company as well. Please ask them to share the company policy as it is an important document. 3) If the company refuses to share the document or denies you the leave, then you can file a complaint with the Ministry of Labour and Employment. Please use this link to file a complaint – https://dsscic.nic.in/online-complaint-application/onlinecomplaintapplication