Sir,
I think the concerned woman employee (your wife) may be working in or around Gurgaon since as per your particulars you are Gurgaon based and hence, in my opinion, the Maternity Benefit Rules as framed or adopted by the State of Haryana will be applicable. You can get the copy of said Rules locally from any law book-shops. From said Rules you can ascertain the appropriate authority before which the woman employee can make application after the cause of action will arise. I think, at present there is enough time to ascertain all these facts. The cause of action in the case, in my opinion, will arise only after the application as per prescribed procedure, on prescribed form is rejected by the employer and only thereafter, the woman can file any complaint before the appropriate authority. You can also ascertain the appropriate authority under said Act locally from Labour Department.
I think, the woman employee is required to issue a notice of claim for maternity benefit to the employer as required under section 6 of the Maternity Benefit Act, 1961 at an appropriate date as laid down in said section. I think, you can take action suitably.
However, you have not disclosed as to what is the plea/arguments on the basis of which the employer want to reject the claim of woman employee. You may also examine whether the employer is paying/have paid maternity benefit to other woman employees in the past.
From India, Noida
923I think the concerned woman employee (your wife) may be working in or around Gurgaon since as per your particulars you are Gurgaon based and hence, in my opinion, the Maternity Benefit Rules as framed or adopted by the State of Haryana will be applicable. You can get the copy of said Rules locally from any law book-shops. From said Rules you can ascertain the appropriate authority before which the woman employee can make application after the cause of action will arise. I think, at present there is enough time to ascertain all these facts. The cause of action in the case, in my opinion, will arise only after the application as per prescribed procedure, on prescribed form is rejected by the employer and only thereafter, the woman can file any complaint before the appropriate authority. You can also ascertain the appropriate authority under said Act locally from Labour Department.
I think, the woman employee is required to issue a notice of claim for maternity benefit to the employer as required under section 6 of the Maternity Benefit Act, 1961 at an appropriate date as laid down in said section. I think, you can take action suitably.
However, you have not disclosed as to what is the plea/arguments on the basis of which the employer want to reject the claim of woman employee. You may also examine whether the employer is paying/have paid maternity benefit to other woman employees in the past.
From India, Noida
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Right to payment of maternity benefits.doc