Apni Law Staff asked 6 months ago
I’ve been working at a public sector bank in India for nearly two years. Maternity leave here is six months. I was transferred to a location far from Kolkata in May 2016. I found out I was pregnant in July 2016 and had to be on bed rest for the rest of my pregnancy. This meant I was on leave without pay from August 2016. Every month, I provided my employer with a medical certificate proving my condition. Now, I’m due in March 2017 and want to apply for maternity leave from January. However, my employer is refusing, saying that leave without pay can’t be combined with maternity leave. I’ve provided new documents explaining my inability to travel and even offered to work temporarily at a nearby branch, but my HR is insisting I return to my original branch, which is over 200 kilometers away. Am I not entitled to maternity leave even though my leave without pay was due to pregnancy-related issues? What legal options do I have?
Best Answer
Apni Law Staff answered 6 months ago
Indian law grants six months of maternity leave, irrespective of the reason for prior leave. Your employer’s refusal to combine leave without pay due to pregnancy complications with maternity leave is against the law. You can file a complaint with the labor commissioner or approach a labor court to enforce your right to maternity leave and potentially seek compensation for the denial.
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