Can my employer deny maternity leave?

No. Under the Maternity Benefit Act, every woman employee is entitled to 26 weeks of paid maternity leave for the first two children.

The Maternity Benefit Act, 1961 (amended 2017) mandates 26 weeks of paid maternity leave for the first two children, and 12 weeks for the third child onwards. This applies to every establishment with 10 or more employees. Key rights: (1) Full average daily wage during leave, (2) Cannot be terminated during maternity leave — it's a criminal offence under Section 12, (3) 6 weeks of leave can be taken before delivery, (4) Entitled to one month of paid leave for illness arising out of pregnancy, (5) Two nursing breaks per day until the child is 15 months old, (6) Creche facility mandatory in establishments with 50+ employees. Even adoptive and commissioning mothers get 12 weeks leave. If your employer denies maternity leave, file a complaint with the Labour Inspector or District Labour Commissioner.

• Maternity Benefit Act, 1961 — Section 5 (26 weeks paid leave)
• Maternity Benefit Act — Section 12 (Dismissal is a criminal offence)
• Maternity Benefit Act — Section 11A (Creche facility)
• ESI Act — Section 50 (Maternity benefit for ESI members)
• Article 42 — Maternity relief