The maternity benefit rules in India are governed by the amended Maternity Benefit Act. 2017, which regulates the duration, conditions and eligibility for getting maternity benefit in India. The maternity benefit rules are applicable to factories, mines, shops and establishments which employ 10 or more employees. 

The maternity benefit leaves were available to women employees for 12 weeks. This was increased to 26 weeks after the 2017 maternity rules. The benefit can be availed in durations of 8 weeks prior to the expected delivery date and 18 weeks after the delivery. 

No employer can deny a woman employee’s maternity benefit. If your employer denies your maternity benefit or has dismissed or discharged you from services. 

You can consult an employment and labour lawyer in India and send a legal notice to your employer regarding the denial of your maternity benefit. A legal notice speaks volumes! But, if your employer still does not respond, take them to the court. 

You can hire an employment and labour lawyer in India to file a case against your employer in a Labour Court.

1. No the agreement/policy of company cannot override the act.

2. File a writ petition before the company for directions to grant maternity leave.

3.In high it wont take long and she will get benefit of same.

1) company cannot frame it’s own policy contrary to provisions of maternity act 

2) issue legal notice to company to provide you maternity leave as per provisions of maternity benefit act 

3) if inspite of legal notice company refuses to do so complain to assistant labour commissioner in your city 

4) An employer who denies a woman employee’s maternity benefit claim in India can be punished with imprisonment for up to 3 months, fine for up to Rs. 5000, or both

1. No. Companies are not allowed to make internal, which are already bylaws created by government in codification.
2.  Yes, you make complaint against company to Labour commissioner office, to registrar of company.
3. The time to run this case in labour Court depends upon how many cases are pending in the court before your case.

1. No, act will prevail.

2. Labour Department is the appropriate forum to challenge this illegal act.

2. On the same or within a week.

Dear Client,

HR is idiot, Maternity leave will govern by maternity act only, company policy has no value. If still not agree, complain to Ministry of labor and employment for against company.

Take a leave, if not grating maternity leave, can also file petition to labor commissioner/administrative tribunal. Will order leave from back date. No worries.

No it's illegal. They need to abide the said maternity amendment. You can send them legal notice. You can Complaint to inspector under maternity amendment Act

Dear Sir,

What to do if Maternity Benefit is denied by the employer? 

No employer can deny a woman employee’s maternity benefit. If your employer denies your maternity benefit or has dismissed or discharged you from services, you can take the following measures: 

• 
  Contact the HR Department: You can take your grievance to the HP department of your company. Usually, the HR representatives are able to clear up any confusion or grievance that arise between the employee and employer. Go through the HR policy of your company once to check the company’s stance on maternity benefit. If no resolution is provided by the HR, you can take the next step!
• 
  Send a legal notice to the employer: You can consult an employment and labour lawyer in India and send a legal notice to your employer regarding the denial of your maternity benefit. A legal notice speaks volumes! But, if your employer still does not respond, take them to the court. 
• 
  Approach the Labour Court: You can hire an employment and labour lawyer in India to file a case against your employer in a Labour Court.

An employer who denies a woman employee’s maternity benefit claim in India can be punished with imprisonment for up to 3 months, fine for up to Rs. 5000, or both. If your employer has dismissed or discharged you from service, he can be punished with imprisonment for 3-12 months. 

It is advised to contact an experienced employment and labour if your maternity benefit claim is denied by your employer.

The Maternity Benefit Act 1961 protects the employment of women during the time of her maternity and entitles her of a 'maternity benefit' – i.e. full paid absence from work – to take care for her child. The act is applicable to all establishments employing 10 or more employees.

The Act is applicable to all establishments which are factories, mines, plantations, Government establishments, shops and establishments under the relevant applicable legislation, or any other establishment as may be notified by the Central Government.

As per the Act, to be eligible for maternity benefit, a woman must have been working as an employee in an establishment for a period of at least 80 days in the past 12 months. Payment during the leave period is based on the average daily wage for the period of actual absence

Under the Maternity Benefit Amendment Act, this benefit could be availed by women for a period extending up to a maximum of 8 weeks before the expected delivery date and the remaining time can be availed post childbirth. For women who are expecting after having 2 children, the duration of paid maternity leave shall be 12 weeks (i.e., 6 weeks pre and 6 weeks post expected date of delivery).

She can demand the leave in writing, let the authorities deny the same in writing quoting their internal policy, the matter can be taken through court by filing a writ petition agaisnt the employer and get an an immediate releif