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Employer restricting to extend maternity leave
13-Feb-2023 (In Labour & Service Law)
I am working in a private ltd company as senior software engineer. I had c - section on nov 19, 2015. I was on maternity leave from 15 October 2015 to 14 January 2016, additional medical leave of one month from 15 January, 2016 to 14 February, 2016. Now i am requesting additional 2.5 months extended unpaid leave. But my employer is ready to approve only 1 more leave and i have to join back from 15 March, 2016. If not they will terminate my service. Is there something i can do in this situation?My baby still needs me. Doctor says only breastfeeding till 6 months is best for baby.
As per the Maternity Benefit Act number of leaves allowed immediately after delivery is six weeks. Moreover regarding your query there are following remedy which can be legally enforceable. 1.section 21 of Maternity Benefit Act employer can be punished 2.criminal case under indian penal code and all these remedies are alternative subject to certain exception and one can't b read in derogration 2 other for more specific advisory opinion please share detailed query
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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