Is it legal to deny Maternity Leave?

No. Denying maternity leave is illegal under Indian law. The Maternity Benefit Act, 1961 (as amended in 2017) entitles eligible women employees to 26 weeks of paid maternity leave for the first two children (12 weeks thereafter).

Under Section 5, employers are bound to provide this benefit, subject to the employee having worked at least 80 days in the preceding 12 months. Further, Section 12 prohibits dismissal or disadvantage during maternity absence.

Non-compliance can attract penalties under Section 21, including fines and imprisonment.

The law applies to establishments employing 10 or more persons, ensuring protection of women’s employment and maternity rights.