Maternity Benefits Notice-India



Maternity Benefits Notice-India

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The maternity laws in India have faced major amendments in the past few years relieving the woman employee of her professional duties. This act came into force to ease the professional responsibilities with secured financial aspects during the period of pregnancy. A working woman must be given special benefits during her term of pregnancy, as the aftercare of such a woman is vital for the well being of the mother and the child. A woman employee can apply for such benefits under the maternity policies of the organization and other corporate entities. 

Our Maternity Benefits services indulge licensed lawyers who are experienced in the field of employment laws especially focused on women’s rights in the workplace. We will provide an extensive advisory on the concerned dispute pertaining to Maternity case and guide you with the estensive consultation of our counsels.



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The Maternity Benefits Act, 1961 has been amended according to the challenges faced by the women employee, to ease the responsibilities of the women employee in such situations. There are major changes in the Act, including penalties to the defaulters. The Act makes maternity benefits mandatory for organizations and corporate entities employing ten or more employees. If any women are denied their right to maternity benefits they can file a claim to recover the same inclusive of the penalties under the Act. 

Our maternity benefits service will help you file the claim in accordance with the Act. Our experienced and licensed lawyers will draft your claim as per your instructions along with necessary supporting documents to prove the claim. After the consultation of our lawyers and your approval, we will prepare to send a notice claiming maternity benefits to the concerned organizations. We will represent you throughout any arising legal dispute regarding maternity benefits. We will also navigate all the doubts regarding the same subject matter. 

The standard steps involves;

  1. On a scheduled date the interested parties can meet our expert lawyers for drafting policies in accordance with the law
  2. Our Senior Advocates will offer you consultation and advisory on the contents of the sexual harassment policies.
  3. After which our lawyers will draft the sexual harassment policies on the instructions of our clients.
  4. After reviewing the draft made by our licensed lawyers, any corrections and alterations in the draft will be changed accordingly to the requirement of the client.
  5. On approval of the changes made in the draft, a finalized copy of the policy will be prepared by our team of lawyers.
  6. After the final copy of the sexual harassment policies is furnished, it will be termed as complete.

The general documents required includes:

  • Duly filled form (application of maternity benefits)
  • Marital status 
  • Admission advice
  • Discharge summary
  • Fitness certificate
  • Consultation bill
  • Original hospital bill
  • Birth certificate of the child
  • Letter of appointment.

What Shall You Obtain?

The process is undertaken by a skilled advocate and therefore shall be in your best interest. After the final draft is completed, the customer shall be given a complete copy of the maternity benefits along with the certified supporting documents for each activity undertaken.

Duration Until Completion

The time frame to draft for seeking maternity benefits can extend up to two or six days for drafting the same followed by alterations requested by the clients.*

Frequently Asked Questions (FAQs)
Who can avail of maternity benefits in India?

Any women working in the company for at least eighty days in the past twelve months. Even if the employee is on probation or contract-based, they are eligible to seek maternity benefits. 

When can a woman apply for maternity leave?

An employee can apply for maternity leave eight weeks before her due date of delivery. 

Can a woman employee seek legal remedies if such a benefit is denied?

A woman employee can seek legal remedies under The Maternity Benefits Act, 1961, which will protect the violated rights of the woman employee.

Who can avail of the Maternity benefits service?

Any woman employee aggrieved of their right to maternity benefits in accordance with the law can avail of these employment services.

What are the advantages of applying for maternity benefits?

The Maternity Benefit Act, 1961 protects the employment of women during the time of maternity and entitles them to specific benefits i.e. paid leave. This act is mandatorily applicable to all establishments employing 10 or more employees.

What is the period of limitation for applying for maternity benefits?

Under the Maternity Benefit Act 1961, female employees were entitled to 12 weeks of paid maternity leave. However, after the Amendment Act 2017, the duration is now 26 weeks.  

Are there any penalties issued if maternity benefits are not granted?

There’s a penalty of imprisonment and fine in case of non-compliance with the rules and regulations of the Maternity Benefits Acts, 1961.

Why should one avail of these employment services of maternity benefits?

We at LSC, offer the assistance of our licensed and skilled lawyers. They are experts in the area of employment laws in India. They will guide you at every step in the legal proceeding and provide you legal advisory on all the queries. 

What does this service offer me?

Our services offer you premium lawyers who are experienced in the labour laws of India. They will draft a legal notice on your behalf and represent you in court. 

Under what Acts is the wrongful termination of employees protected?

The following Acts are governed by provisions to protect the rights of the employee in India, The Maternity Benefits Act, 1961.

*The timelines mentioned are on an approximate basis and may vary on a real-time basis.
Still got queries? Please write to us.
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