Hi All,
I've a query regarding maternity benefit.I joined this company in Oct 2010, my probabtion is over & I've received my confirmation letter.
In feb i told my manager about my pregnancy, but after that his behaviour towards me changed, he says that I'm not focused in my work & he wants me to resign.I denied to resign as i said that i'm meeting up my KRA's & this is not the actual reason.
I know that if i will resign i won't be eligible for maternity benefit.
Please let me know if he terminate me would I be eligible for maternity benefit or not? Let me know what maternity benefit Act says in this case.
Regards
Pragya
From India, Delhi
I've a query regarding maternity benefit.I joined this company in Oct 2010, my probabtion is over & I've received my confirmation letter.
In feb i told my manager about my pregnancy, but after that his behaviour towards me changed, he says that I'm not focused in my work & he wants me to resign.I denied to resign as i said that i'm meeting up my KRA's & this is not the actual reason.
I know that if i will resign i won't be eligible for maternity benefit.
Please let me know if he terminate me would I be eligible for maternity benefit or not? Let me know what maternity benefit Act says in this case.
Regards
Pragya
From India, Delhi
Maternity Benefits are available only to those who are in service. You should be entitled to the benefits in the form of 84 days paid leave provided you have worked at least for 80 days during 12 months immediately preceding your date or expected date of delivery. However, if the employer has lost confidence on you, he can terminate your service. But termination without valid reasons and without giving an opportunity to prove your efficiency would be invalid. Therefore, wait and see what will be the next step from your employer. If he compels you to resign, you can say that you will not resign but you could be terminated for any valid reasons. No employer will go ahead with termination because every employer knows the consequences of illegal termination especially when it is a case of termination of woman and that also during her pregnancy. There are a number of doors apart from the official Labour Department, you have Women's Commission and other forums meant for protection of women's rights.
It is a funny thing about Indian entrepreneurs that all require women (if possible good looking, as it is considered a precondition) to be in their workforce. They think that women work more than men, that they do not take breaks for tea and smoking, they do not form or join trade union, they do not demand salary hike and above all, they do not question the BOSS. But when it comes to maternity leave, they become bad performers! I don't know why these employers do not think before appointing women that women will become pregnant and they would require rest and leave later on?
Regards,
Madhu.T.K
From India, Kannur
4193It is a funny thing about Indian entrepreneurs that all require women (if possible good looking, as it is considered a precondition) to be in their workforce. They think that women work more than men, that they do not take breaks for tea and smoking, they do not form or join trade union, they do not demand salary hike and above all, they do not question the BOSS. But when it comes to maternity leave, they become bad performers! I don't know why these employers do not think before appointing women that women will become pregnant and they would require rest and leave later on?
Regards,
Madhu.T.K
From India, Kannur
Hi
I fully agree with Mr.Madhu. The management has already issued you confirmation letter recently means they are happy with your performance and issued the confirmation letter.
As rightly mentioned by Mr.Madhu don't submit any resignation letter and if they terminate then you can approach labour department and all other related forums.
I opine that they don't dare to terminate your services & only pressurise / create the atmosphere so that you will submit your resignation and leave.
My sincere advise is don't give any chance to them to take any action and continue your good work.
Thanks and regards - kamesh
From India, Hyderabad
I fully agree with Mr.Madhu. The management has already issued you confirmation letter recently means they are happy with your performance and issued the confirmation letter.
As rightly mentioned by Mr.Madhu don't submit any resignation letter and if they terminate then you can approach labour department and all other related forums.
I opine that they don't dare to terminate your services & only pressurise / create the atmosphere so that you will submit your resignation and leave.
My sincere advise is don't give any chance to them to take any action and continue your good work.
Thanks and regards - kamesh
From India, Hyderabad
Hello Pragya,
Like Madhu TK & kamesh pointed out, you can take a tough stand.
However while doing so, pl ensure you don't loose your sleep/peace-of-mind over the issue.
First & Foremost, pl update your husband regularly on what's happening. This will ensure you can go back home daily to actually recoup after the grueling sessions @ office [which you already have begun to have].
Secondly, like kamesh suggested, don't give them a chance to point out any shortcomings/lacunae vis-a-vis your performance. One way to handle this part [since one never knows how things can be interpreted later] is to put down EVERYTHING in writing--your daily reports, minutes of meetings, etc: basically anything you 'feel' can be misinterpreted/misconstrued later to your disadvantage.
Next, if you have a lady in your HR Dept [since you haven't mentioned how large is your company], take her into confidence. The idea is NOT to complain/escalate the matter, but to ensure [in a worst-case scenario] you don't give even HR a chance to say later--"WHY DIDN'T YOU TELL US EARLIER?" AND to check out if HR will intervene on your behalf with your manager.
One option that might open-up if you involve HR INFORMALLY is this: if they too find the manager adamant, they might shift you to another group/project where you can work more effectively [of course, this depends on your company size too].
If your experience with HR isn't that encouraging, suggest give your feedback in this Forum--I am sure all of us can find ways to handle them too. After all, it takes a thief to catch a thief :-)
And, last but not the least [like I mentioned in the beginning], this is the time for you NOT to feel stressed. So the sooner you sort out the issue the better for you....& the unborn child :-)
Rgds,
TS
From India, Hyderabad
Like Madhu TK & kamesh pointed out, you can take a tough stand.
However while doing so, pl ensure you don't loose your sleep/peace-of-mind over the issue.
First & Foremost, pl update your husband regularly on what's happening. This will ensure you can go back home daily to actually recoup after the grueling sessions @ office [which you already have begun to have].
Secondly, like kamesh suggested, don't give them a chance to point out any shortcomings/lacunae vis-a-vis your performance. One way to handle this part [since one never knows how things can be interpreted later] is to put down EVERYTHING in writing--your daily reports, minutes of meetings, etc: basically anything you 'feel' can be misinterpreted/misconstrued later to your disadvantage.
Next, if you have a lady in your HR Dept [since you haven't mentioned how large is your company], take her into confidence. The idea is NOT to complain/escalate the matter, but to ensure [in a worst-case scenario] you don't give even HR a chance to say later--"WHY DIDN'T YOU TELL US EARLIER?" AND to check out if HR will intervene on your behalf with your manager.
One option that might open-up if you involve HR INFORMALLY is this: if they too find the manager adamant, they might shift you to another group/project where you can work more effectively [of course, this depends on your company size too].
If your experience with HR isn't that encouraging, suggest give your feedback in this Forum--I am sure all of us can find ways to handle them too. After all, it takes a thief to catch a thief :-)
And, last but not the least [like I mentioned in the beginning], this is the time for you NOT to feel stressed. So the sooner you sort out the issue the better for you....& the unborn child :-)
Rgds,
TS
From India, Hyderabad
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Creche under Maternity Benefit Act.pdf