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Indian Law/Maternity Leave Benefits


Hello Sir, As per the captioned subject would like to seek your advice on Maternity Leave benefits. Currently, I'm 8 months pregnant and planning to go on my leave by end of this month. My concern is, I'm working for a small Private. Ltd Consultancy firm since Sept'10. Our firm is a part of partnership firm after its merger and as per their rules, we are NOT entitled for Maternity leave benefits. So for the entire period I'm absent from work, I would not be getting paid for the leaves. Which is bothering me, as I come from a middle-class family & can't really afford such long unpaid leaves.

Hence, seeking your advice to know if I can approach my Manager for Maternity leave benefits. Will the Maternity Act, help me in any kind or should I just let it go as others in the firm have done in the past? Is there anything from LAW that helps me avail my Maternity benefits without having much trouble. Our co. strength is less than 20 and the partnership firm is quite larger in numbers.

Kindly advice as how to proceed further. Thanks in advance



Thanks for your reference.

If your firm has 10 or more persons as workers then you are entitled to paid maternity leave of 12 weeks. This is a provision under MATERNITY BENEFITS ACT, 1961.

Suggest, if your firm has 10 or more persons as workers, to point out the above politely to your firm and also submit the same in writing and formally apply for maternity leave. You may have to pursue this with the management of the firm with the help of other employees.

My sense is, if you do the above, its likely that your firm will grant you the maternity leave. If not, write here again and would be happy to help further.

Best Wishes to you and your child!!!  

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Rajeev Dewal


Indian Law relating to Banking and Financial Transactions. Kindly read instructions on "Ask the Question" page before asking a question. Kindly note that the replies here are by way of general information and not to be taken as legal advice nor the same form any client attorney relationship.


Over 20 years as In-House Counsel and banker with International, Private and Public Sector banks in India.

Currently, Head- Legal, RBL Bank Limited, India (see web:


Awards and Honors
University Prize- LLB Examination, Distinction- CAIIB.

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