Dear Patrons,
The Maternity Benefit Act, 1961 aims to provide all the facilities to a working woman in a dignified manner, so that she may overcome the “state of motherhood honourably, peacefully, undeterred by the fear of being victimised for forced absence during the pre or postnatal period”.
The Supreme Court recently in "Dr. Kavita Yadav vs. Secretary, Ministry of Health and Family Welfare Department and Ors." [CA No. 5010/2023], decided that maternity entitlements under the
Maternity Benefit legislation extends beyond the contractual terms.
We are pleased to publish the latest Supreme Court Judgement on the aforesaid Act.
This landmark ruling holds profound implications for employers dealing with female employees, and not only those on fixed contractual terms.
Employers need to be mindful of the rights of an existing female employee who has been on maternity leave and build the benefit in as part of the off boarding process.
As the legal landscape continues to evolve, employers must remain vigilant and proactive, ensuring they comprehend and adhere to the implications of this judgment. This includes guaranteeing that maternity benefits are extended in strict accordance with the law, and that the rights of female employees are upheld, irrespective of their contractual status
Thanks and Regards,
Connect one Compliance Team
From India, Bengaluru
10The Maternity Benefit Act, 1961 aims to provide all the facilities to a working woman in a dignified manner, so that she may overcome the “state of motherhood honourably, peacefully, undeterred by the fear of being victimised for forced absence during the pre or postnatal period”.
The Supreme Court recently in "Dr. Kavita Yadav vs. Secretary, Ministry of Health and Family Welfare Department and Ors." [CA No. 5010/2023], decided that maternity entitlements under the
Maternity Benefit legislation extends beyond the contractual terms.
We are pleased to publish the latest Supreme Court Judgement on the aforesaid Act.
This landmark ruling holds profound implications for employers dealing with female employees, and not only those on fixed contractual terms.
Employers need to be mindful of the rights of an existing female employee who has been on maternity leave and build the benefit in as part of the off boarding process.
As the legal landscape continues to evolve, employers must remain vigilant and proactive, ensuring they comprehend and adhere to the implications of this judgment. This includes guaranteeing that maternity benefits are extended in strict accordance with the law, and that the rights of female employees are upheld, irrespective of their contractual status
Thanks and Regards,
Connect one Compliance Team
From India, Bengaluru
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Right to payment of maternity benefits.doc