E014💼 Employment & JobReply draft
Maternity leave denied
What you need to know
Women employees entitled to 26 weeks paid maternity leave for first two children under Maternity Benefit Act (amended 2017). Leave cannot be denied and woman cannot be terminated during maternity leave.
Your rights
1
26 weeks paid maternity leave for first two children
2
12 weeks for third child onwards
3
Protection against termination during maternity leave
4
Crèche facility if employer has 50+ employees
5
Work from home arrangements after leave
What you should do now
Action first1
Submit written leave application with medical certificate
- Apply in writing to HR with doctor's certificate showing expected delivery date
- You are entitled to 26 weeks paid leave — state this clearly
2
If denied or asked to return early
- File complaint with Gujarat Labour Commissioner immediately
- Termination during maternity leave is illegal — Commissioner takes this seriously
Acts applicable
Maternity Benefit Act 1961 (amended 2017)
centralSection 5 — Right to maternity benefit
Where to complain
Consumer complaint portal: e-jagriti.gov.in (replaced edaakhil.nic.in as of Jan 2025). Labour complaints: col.gujarat.gov.in. All links verified June 2026 via web search against official government sources.