introduction Maternity benefits are statutory rights provided to eligible women employees to protect their health, employment and income during pregnancy and after childbirth. However, disputes can arise when an employer refuses to provide maternity benefits, provides benefits for only a short period, delays payment or takes adverse action against an employee for taking maternity leave. For example, an employee may be told that the company's policy permits only one month of maternity leave even though she may be entitled to a longer statutory benefit under applicable law. In such circumstances, an employee should understand that an employer's internal policy cannot ordinarily be used to take away a statutory entitlement available under law, subject to the eligibility conditions prescribed by the applicable legislation. The Code on Social Security, 2020 contains the current statutory framework governing maternity benefits. The maternity-benefit provisions include entitlement to payment, protection against dismissal during maternity absence, nursing breaks and other related benefits. What Is Maternity Benefit? Maternity benefit is a statutory payment available to an eligible woman employee during the period of her absence connected with pregnancy and childbirth. Under Section 60 of the Code on Social Security, 2020, an eligible woman is entitled to maternity benefit at the prescribed average daily wage for the period of her actual absence, subject to the conditions of the Code. The law places the corresponding liability on the employer to make the payment. How Many Weeks of Maternity Benefit Is an Employee Entitled To? Under Section 60, the maximum maternity benefit is generally 26 weeks, of which not more than eight weeks may precede the expected date of delivery. However, the statutory period differs in certain situations. Where a woman has two or more surviving children, the maximum maternity benefit is 12 weeks, with not more than six weeks preceding the expected date of delivery. The exact entitlement therefore depends on the employee's circumstances and the statutory conditions applicable to her. Can a Company Give Only One Month of Maternity Benefit? If an employee is legally entitled to a longer maternity benefit under the applicable law, the employer cannot simply reduce that statutory entitlement to one month through an internal company policy. For example: Employee's statutory entitlement: Applicable maternity benefit under Section 60 Company policy: Only one month of maternity leave/benefit The employee can seek the balance statutory entitlement, provided she satisfies the requirements of the law. An employment contract or company policy should not be treated as a substitute for statutory maternity protections. Who Is Eligible for Maternity Benefit? One important eligibility requirement under Section 60 is that the woman must have actually worked for at least 80 days during the 12 months immediately preceding the expected date of delivery. Certain days, including specified periods of lay-off and holidays with wages, are also taken into account as provided by the law. Therefore, before claiming maternity benefit, an employee should verify whether she satisfies the statutory eligibility requirements. What If the Employer Completely Denies Maternity Benefits? If an eligible employee is denied maternity benefit, she should preferably make a written representation to the employer. The representation should clearly mention: Date of joining; Position/designation; Expected date of delivery; Maternity leave requested; Statutory entitlement being claimed; Relevant medical documents; Previous communication with HR; and The specific benefit or payment that has been denied. The employee should keep a copy of the representation and preserve the employer's response. What If the Employer Says "Company Policy Allows Only One Month"? This is an important situation. An employer may have an internal maternity leave policy, but where statutory law provides a greater benefit to an eligible employee, the statutory entitlement needs to be considered. For example, if an employee is eligible for 26 weeks under the applicable statutory provision, an employer cannot ordinarily defeat that entitlement merely by pointing to an internal policy providing one month. The employee can request the employer to reconsider the decision and comply with the statutory maternity-benefit provisions. What If the Employer Does Not Pay the Maternity Benefit? Section 72 of the Code provides a mechanism for a woman who claims that maternity benefit or another amount payable under the maternity-benefit chapter has been improperly withheld. The Inspector-cum-Facilitator has the power to examine the claim and, where the statutory requirements are satisfied, direct payment of the amount due. Therefore, an employee does not necessarily have to accept an employer's refusal as final. Complaint Before the Inspector-cum-Facilitator Where an employer wrongfully withholds maternity benefit, the employee can consider approaching the appropriate Inspector-cum-Facilitator under the Code. The complaint should be supported by relevant documents. Useful documents may include: Appointment letter; Employment ID; Salary slips; Bank statements; Maternity leave application; Medical certificate; Expected delivery date documentation; HR emails; Written refusal by the employer; Leave approval/rejection; Attendance records; and Previous correspondence with the employer. The authority can examine whether the amount claimed is legally payable and take action according to the statutory framework. Can an Employer Dismiss a Woman Because She Took Maternity Leave? The law provides protection against discharge or dismissal connected with maternity absence. Section 68 provides that where a woman is absent from work in accordance with the maternity-benefit provisions, the employer cannot discharge or dismiss her during or on account of such absence, subject to the statutory exceptions. The provision also protects the woman's maternity benefit or medical bonus in specified circumstances even where a discharge occurs during pregnancy. There is an exception for gross misconduct, subject to the requirements prescribed under the law. What If the Company Terminates the Employee During Pregnancy? Termination during pregnancy or maternity absence requires careful examination of the facts. If the termination is connected with the employee exercising her maternity rights, the employee may have a statutory remedy. The employee should immediately obtain the termination letter or written communication and preserve all communications showing: When the pregnancy was disclosed; When maternity leave was requested; What response HR provided; Whether performance issues were raised earlier; When termination was communicated; and Whether the reason given for termination is consistent with the circumstances. A complaint may be made before the appropriate authority where the statutory conditions for such remedy are satisfied. Can a Woman Appeal Against an Order Affecting Her Maternity Benefit? Yes. The Code provides an appeal mechanism in specified circumstances where a woman has been deprived of maternity benefit or medical bonus, or has been discharged or dismissed in circumstances covered by the maternity-benefit provisions. The statutory framework also prescribes a time limit for such appeal. Therefore, an employee should not delay obtaining legal advice or approaching the appropriate authority after receiving an adverse order. What If the Employer Delays the Payment? A delay in payment can also become a legal issue where the amount is otherwise payable under the maternity-benefit provisions. The employee should first make a written demand for payment and ask the employer to provide a calculation of the maternity benefit. If the amount continues to be withheld, the employee may consider approaching the appropriate Inspector-cum-Facilitator under Section 72. Can the Employer Reduce the Employee's Wages Because She Took Maternity Leave? The maternity-benefit provisions also protect against certain deductions from wages. Section 69 provides that no deduction from the normal and usual daily wages of a woman entitled to maternity benefit shall be made merely because of the nature of work assigned under the relevant pregnancy-protection provisions or because of nursing breaks permitted under the law. Therefore, an employer cannot use maternity-related statutory protections as a reason for making an unlawful wage deduction. What Other Maternity Benefits Are Available? Maternity protection is not limited to payment during maternity leave. The statutory framework also deals with matters such as: Nursing Breaks Eligible women are entitled to nursing breaks after returning to work, subject to the statutory conditions. Crèche Facility Certain establishments are required to provide crèche facilities in accordance with the applicable statutory requirements. Protection During Pregnancy A pregnant woman can request exemption from arduous work, long hours of standing or work likely to adversely affect pregnancy or health during the prescribed period. Protection Against Dismissal The law provides protection against dismissal or discharge connected with maternity absence, subject to statutory exceptions. What Should an Employee Do If Maternity Benefits Are Denied? A practical approach is: Step 1: Check Eligibility Verify whether you satisfy the statutory requirements, particularly the applicable work-period requirement. Step 2: Make a Written Request Send an email or written application to HR clearly requesting maternity leave and maternity benefit. Step 3: Ask for Written Reasons If the company refuses or limits the benefit, ask HR to provide the reason in writing. Step 4: Preserve Evidence Keep appointment letters, salary slips, leave applications, emails, HR messages and medical documents. Step 5: Send a Legal Notice If the employer continues to deny a statutory entitlement, a legal notice can be considered, setting out the employee's legal rights and demanding compliance. Step 6: Approach the Competent Authority Where maternity benefit has been wrongfully withheld, the employee can consider the remedy available before the appropriate Inspector-cum-Facilitator under Section 72. Step 7: Consider Further Legal Proceedings Depending on the facts and the nature of the dispute, further proceedings may be available before the appropriate forum or authority. Can a Legal Notice Be Sent to the Employer? Yes. A legal notice can be considered where the employer: Refuses maternity leave; Pays maternity benefit for only part of the statutory period; Wrongfully withholds maternity benefit; Terminates an employee because she exercised maternity rights; Makes unlawful deductions; Refuses to provide applicable statutory benefits; or Fails to respond to repeated written requests. A legal notice should clearly identify the employee's entitlement, relevant facts, documents and relief being demanded. What Should a Maternity Benefit Legal Notice Contain? A maternity benefit legal notice may contain: Employee's employment details. Date of joining. Nature of employment. Salary details. Expected date of delivery. Date of maternity leave application. Statutory eligibility. Benefit requested. Employer's refusal or partial payment. Applicable statutory provisions. Demand for payment and compliance. Demand for withdrawal of any unlawful adverse action. Reasonable time for compliance. Consequences of non-compliance. The notice should be based on the actual facts and documents of the employee's case. What Evidence Should a Woman Keep? Employees should preserve all documents relating to employment and maternity leave. Important evidence includes: Appointment letter; Employment agreement; Salary slips; Bank statements; Attendance records; Leave application; Medical certificates; Pregnancy-related communication; HR emails; WhatsApp or other written communication; Maternity leave approval or rejection; Termination letter, if applicable; Company maternity policy; and Any written communication concerning maternity benefits. Written evidence can be particularly important when the employer disputes the employee's claim. Frequently Asked Questions Can an employer provide only one month of maternity benefit? If the employee is entitled to a longer statutory benefit under the applicable law, the employer cannot ordinarily reduce that statutory entitlement merely through an internal policy. What should I do if HR refuses maternity leave? Make the request in writing, ask for the refusal and reasons in writing, preserve the documents and consider approaching the appropriate statutory authority if the benefit is wrongfully denied. Can I send a legal notice to my employer for denying maternity benefits? Yes. A legal notice can be used to formally demand statutory maternity benefits and compliance with applicable law. Where can I complain if my maternity benefit is withheld? Section 72 provides a mechanism for approaching the appropriate Inspector-cum-Facilitator regarding maternity benefit or other amounts wrongfully withheld. Can an employer terminate me because I took maternity leave? The law provides protection against discharge or dismissal during or on account of maternity absence, subject to statutory exceptions, including provisions concerning gross misconduct. Is every woman employee automatically entitled to 26 weeks? No. Statutory eligibility conditions apply, including the prescribed work requirement. The duration can also differ depending on the employee's circumstances, such as the number of surviving children. Key Takeaways Maternity benefit is a statutory employment protection, not merely an optional company benefit. An eligible woman may be entitled to up to 26 weeks of maternity benefit under the applicable provision. The entitlement can be 12 weeks in specified cases involving two or more surviving children. The statutory eligibility requirement of working for at least 80 days in the preceding 12 months should be checked. An employer should not simply replace a statutory entitlement with a less favourable internal policy. Wrongfully withheld maternity benefits can be challenged through the statutory mechanism. Section 72 provides a complaint mechanism involving the Inspector-cum-Facilitator. The law also provides protection against certain maternity-related dismissals and adverse employment action. Employees should preserve written evidence and employment records. A legal notice can be an appropriate preliminary remedy in a genuine dispute. Conclusion Maternity benefits are intended to protect women employees during one of the most important stages of their personal and professional lives. An employer cannot treat maternity leave merely as a discretionary workplace facility when the employee is covered by statutory maternity protections and satisfies the applicable eligibility requirements. If an employer denies maternity benefit, limits the statutory entitlement without lawful basis, withholds payment or takes adverse action because an employee exercised her maternity rights, the employee can take appropriate steps to enforce her rights. The first step should generally be to document the claim and make a written request to the employer. If the dispute remains unresolved, the employee can consider a legal notice and the statutory complaint mechanism available under the Code on Social Security, 2020. Case/Legal Details Principal Legislation: Code on Social Security, 2020 Relevant Provisions: Sections 59, 60, 65, 66, 67, 68, 69 and 72 Subject: Maternity Benefit and Protection of Women Employees SEO Keywords Maternity benefit in India, maternity leave rights, employer denying maternity benefits, maternity benefit legal remedies, maternity leave denied by company, maternity benefit complaint, maternity benefit legal notice, Section 60 Code on Social Security, Section 72 maternity benefit, maternity rights of women employees, maternity leave rules in India, employee rights during pregnancy, termination during maternity leave, legal rights of pregnant employees. Meta Title Employer Denying Maternity Benefits? Know Your Legal Remedies Meta Description What can a woman employee do if her employer denies maternity benefits or provides only one month of leave? Know maternity rights, complaint procedure and legal remedies in India. Suggested URL Slug employer-denying-maternity-benefits-legal-remedies Disclaimer: This article is intended for general legal awareness and informational purposes only. It does not constitute legal advice or create an advocate-client relationship. Maternity benefit entitlement depends on the employee's circumstances and the applicable statutory conditions