SPECIALIST LEGAL SUPPORT FOR PREGNANCY, MATERNITY, AND WORKPLACE DISCRIMINATION

Pregnancy and Maternity Discrimination Lawyers in Gurgaon, Noida, Delhi NCR

Specialist Legal Support for Pregnancy, Maternity, and Workplace Discrimination — Expert Maternity Discrimination Lawyers

Serving Gurgaon, Noida, Delhi NCR Region

Bringing a child into your life should be a moment filled with joy and hope. But sadly, many women still face unfair discrimination at workplace after sharing the news of their pregnancy, while taking maternity leave, or when they return to their jobs.

Managing pregnancy, caring for a child, and trying to grow your career is already a big responsibility. No one should have to deal with discrimination, bias, or pressure at work during such an important time.

At SPJ Advocates & Co, we support individuals and organizations in resolving discrimination, harassment, unfair treatment or wrongful termination issues related to pregnancy, maternity, and family responsibilities. Whether it involves promotions, pay concerns, unfair treatment, or discrimination claims, our lawyers provide clear guidance and practical solutions. If you are facing a challenge at work—or need help addressing one fairly— Our lawyers are here to protect your rights, offer balanced advice, and work toward the best possible outcome for everyone involved.

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What is the Meaning of Pregnancy and Maternity Discrimination in India as per Indian Law?

Pregnancy and maternity discrimination means any unfair action, denial of rights, or harassment a woman faces at work because she is pregnant, has given birth, or has taken maternity leave.

Although Indian law does not use the exact term “pregnancy discrimination”, several laws prohibit such behaviour. Under these laws, discrimination includes:

  • Denial of maternity benefits , such as paid maternity leave, medical bonus, and nursing breaks under the Maternity Benefit Act, 1961.
  • Firing or terminating a woman because she is pregnant under Section 12 of the Maternity Benefit Act.
  • Reducing salary, incentives, benefits, or changing terms of employment due to pregnancy.
  • Pressuring or forcing a woman to resign.
  • Creating conditions that push her to resign, which also amounts to discrimination.
  • Denying promotions, opportunities, or training due to pregnancy under Articles 14, 15, and 16 of the Constitution.
  • Insensitive comments or negative remarks harassment related to pregnancy or motherhood under the POSH Act if it creates a hostile work environment.
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What are the Pregnancy & Maternity Rights in India for a women?

Indian law provides strong protection to pregnant women. These rights come from the Maternity Benefit Act, the Indian Constitution, the Industrial Disputes Act, and other related laws.

Employee rights during Pregnancy at Work:

  • Paid time off for doctor visits, including scans, check-ups, medical tests, and doctor-recommended rest.
  • Safe working environment, means no heavy lifting, no long hours of standing.
  • No night shifts if unsafe, and no risky or hazardous tasks.
  • 26 weeks of paid maternity leave.
  • You cannot be fired for being pregnant.
  • Your salary cannot be reduced because of your pregnancy.
  • The organisation cannot pressure you to resign.

Pregnant Employee rights during Maternity Leave:

  • Full maternity pay and annual leave during maternity leave
  • Job protection
  • No negative performance reviews
  • No punishment for taking leave

After returning to work, motherhood employee have the right to:

  • Nursing breaks (until the baby is 15 months old)
  • A clean private room to breastfeed or pump
  • Flexible or work-from-home arrangements (if possible)
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Few Examples of Maternity and Pregnancy Discrimination

Pregnancy discrimination can be clear or very subtle. It often looks like:

  • Being ignored or sidelined
  • Bad or rude comments about your pregnancy
  • Not getting a promotion you deserve
  • Your work or duties being reduced
  • Getting a bad review only because you took maternity leave
  • Feeling pushed to resign
  • Being fired before or after maternity leave
  • Not getting nursing breaks or a clean, private space to breastfeed

All of these actions are wrong and against the law in India.

How SPJ Advocates & Company Helps in Pregnancy & Maternity Workplace Issues?

If you believe you have been treated unfairly due to your pregnancy or maternity, or your organisation needs guidance on managing such situations lawfully, call SPJ Advocates & Co. Our employment law team has extensive experience handling pregnancy discrimination, maternity leave disputes, wrongful termination, forced resignation, denial of maternity benefits, harassment during or after pregnancy, and retaliation for taking leave across Gurgaon, Delhi, Noida, and the wider NCR region.

We also support clients in negotiating settlement agreements, representing them before Labour Courts and High Courts, and addressing POSH-related concerns involving pregnancy or motherhood. Our advice is practical, legally sound, and customized to individuals and organisations seeking fair and compliant workplace solutions.

With strong expertise in employment law in India, our aim is to protect rights, promote workplace fairness, and make the legal process as smooth and stress-free as possible. Through 100% confidential consultations, SPJ Advocates & Company stands with you at every step—offering clear guidance, trusted legal support, and confidence during challenging times in Delhi-NCR, including Gurgaon and Noida.

+91-8920245815