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Company reducing my maternity leaves what action can i take.
02-Dec-2023 (In Labour & Service Law)
My company is a Pvt Ltd IT company with head office in Delhi. I am currently on my maternity leave. As per company, the have fixed maternity period as six week before and six week after the due date. My baby was born 5 days prior to my due date and now they are reducing these 5 days from my 12 weeks maternity period saying due to early delivery the prepartum period is over and now the 6 week postpartum period is left. They says maternity acts talks abt 6 week prior and 6 weeks after delivery leave but not about condition when baby is born early. My question is - are they legally correct in their stand? Can they reduce my 5 days of my maternity benefits out of 12 weeks benefit. What legal action can I take in this regard.
Under the maternity benefit At you are entitled as of right to get 12 weeks maternity leave which is paid leave. thereafter in law you are not entitled to get any paid leave unless it is privilege leave or on medical grounds which again would be for 6 weeks depending upon Company Rules. It is not clear whether you are working in manufacturing sector or Service sector or I T sector, as different laws govern the employer -employee relations. if the employer does not have work then you would be removed by way of discharge but then how long you have been working is not forthcoming from your information. if you want to continue with the Company at lesser salary you may do so or you may have to seek suitable alternative job if you are competent.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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