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Maternity Leave Denied / Pregnancy Discrimination

Your employer is denying you maternity leave, has terminated you during pregnancy, or is not providing maternity benefits as required by law.

Do this now
  1. 01Inform your employer in writing about your pregnancy and expected delivery date
  2. 02Submit a written application for maternity leave citing the Maternity Benefit Act
  3. 03Keep copies of all communications with HR/employer about your leave request
  4. 04If terminated, send a legal notice citing Section 12 of the Maternity Benefit Act
  5. 05File a complaint with the Labour Inspector or District Labour Commissioner
  6. 06If covered under ESI, claim maternity benefit through ESIC
  7. 07Document any discriminatory behavior or hostile treatment at workplace
Evidence to collect
  1. Employment contract and appointment letter
  2. Medical certificate confirming pregnancy and expected delivery date
  3. Written leave application and employer's response
  4. Salary slips for the past 12 months
  5. ESI contribution records (if applicable)
  6. Communications showing denial of leave or discrimination
  7. Termination letter (if terminated)
  8. HR policy documents on maternity leave
Documents you need
  1. Medical certificate from registered doctor
  2. Employment proof (appointment letter, salary slips)
  3. Written maternity leave application
  4. Complaint to Labour Inspector
  5. Legal notice (if terminated)
  6. ID proof
Where to complain
  1. Labour Inspector / Labour Commissioner
  2. ESIC Office (if ESI member)
  3. Labour Court
  4. District Court — Under Maternity Benefit Act
  5. State Women's Commission
  6. National Commission for Women — ncw.nic.in
Laws that apply
  1. Maternity Benefit Act, 1961 — Section 5 (Right to maternity benefit — 26 weeks)
  2. Maternity Benefit Act — Section 12 (Dismissal during absence — criminal offence)
  3. Maternity Benefit Act — Section 11A (Creche facility mandatory for 50+ employees)
  4. ESI Act — Section 50 (Maternity benefit for insured women)
  5. Article 42 — State shall make provision for maternity relief
Understanding the issue

The Maternity Benefit Act, 1961 (amended 2017) provides 26 weeks of paid maternity leave for the first two children, and 12 weeks for the third child onwards. This applies to all establishments with 10 or more employees. Terminating a woman during maternity leave or denying maternity benefits is a criminal offence. The employer must also provide creche facilities if they have 50+ employees. Government employees may get up to 180 days of maternity leave under Central Civil Services rules.

When to see a lawyer

Consult a lawyer immediately if you have been terminated during pregnancy or maternity leave. This is a criminal offence and you may be entitled to significant compensation.