Ms. Chesta after passing BE got a job in Bombay Datamatics Ltd (an IT Company). She was placed in Kalyan Office of the Company. In Kalyan Office, Rohan was also doing job as a Software Consultant. After sometime, Rohan a
CS Professional · Labour Laws & Practice · PYQS · December 2023
Ms. Chesta after passing BE got a job in Bombay Datamatics Ltd (an IT Company). She was placed in Kalyan Office of the Company. In Kalyan Office, Rohan was also doing job as a Software Consultant. After sometime, Rohan and Ms. Chesta came closer. They took a flat in Kalyan area and started living in a 'live-in-relationship' from May 2022. However, they did not disclose their relationship in the Office nor to any of their family/relatives. Ms. Chesta, on the request made by her, was allowed to do the office work from home. (Work from Home). In December, 2022, Ms. Chesta undergone a miscarriage. She applied for maternity leave but the company denied to sanction the paid leave quoting the reason that as per its record, Ms. Chesta was unmarried. The HR official of the Company, in a mail to Ms. Chesta, informed that there is no provision/policy of the Company to grant maternity leave on account of miscarriage/pregnancy to an unmarried woman. Aggrieved to this Ms. Chesta approached a lawyer. Whether Ms. Chesta will get the benefit of maternity leave as described under the Maternity Benefit Act, 1961, inspite of the fact that she is not married (i.e., living in 'live-in-relationship')?
Topics: Maternity Benefit Act, 1961
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