Rajanassociates
Legal Counsel
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Human Resource And Labour Laws
Penubothu
Human Resources - Generalist
Vimalshrimali
Corporate Development Through Hr, Driving
Raj Kumar Hansdah
Shrm, Od, Hrd, Pms
Malikjs
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hi guys,
plz let me know what can one do if your company asks you to go on 6 months unpaid leave or resign (in the name of recession) when you are 5 months pregnant..alo the company refrains from paying maternity leave salary or any kind of hospitalisation charges...
what law protects women against such act and what legal action can one take on such company?
Rgds,
Namrata

From India, Mumbai
dear namrata
ofcourse it is illegal.if you have put up more than 80 days service than individual is entitle for maternity leave.they can not ask yoiu to resign or proceed on forced leave.
you intimate them about pregnancy in writing and if if they refuse to give benefit than file a case against them with labour dept.
regards
js malik

From India, Delhi
Dear Namrata, If yo are in company payroll, they are bound to give you either Maternity or ESIC leave, depends on your gross salary. If they are refusing ...pl. do as maliksir suggest....
From India, Madras
Dear Namrataya,
Here is my advice to your query .
First I will talk about eligibility and benefits under esi ,than legal action taken to that company who denied to give benefits under this act.

Eligibility

The Act is applicable to all women working in any establishment.

However, to be eligible, you need to have worked in an organisation for at least 80 days before your due date.

Notice

To avail the leave and benefits, you need to submit a written notice to your employer. The notice date should start from when you are going on leave.

You may give the notice before or soon after delivery.

It also depends upon the company policy. Some organisations ask for a notice before you take leave.

Even if you forget to submit the notice, you can still claim the maternity benefit. "It is advisable to have it in writing. It can be used as proof in court in case of any discrepancy.
Benefits-----

According to the Act, six weeks of paid leave is mandatory. However, if your organisation allows more than six weeks,whether you will be paid for the days beyond six weeks depends on company policy.

If you earn less than Rs.10,000, your company may offer you the State Employees Insurance scheme (ESIC). It is a government scheme, wherein a small amount will be cut from your salary every month.

If you are eligible for ESIC, then the maternity leave provided by your company will be unpaid. Instead, you will have to claim the amount from the ESIC office in your city. However, all the legwork will have to be done by you.

The ESIC cannot be exchanged for the monetary benefits provided by the company.

Legal Action-------
if you are fired during the leave period or forced by employer to resign on unjust reasons (such as absence from work due to pregnancy or for requesting a flexible working time,or requesting paid leave,or benefits under ESI act), then you can take legal action against your employer.

In any such event, file a case in the Industrial and Labour court. The court will then issue a notice to the employer.

"Depending upon the case, the court will decide on a suitable monetary compensation," explains Madon. Apart from the pay, the employer can also be imprisoned for up to three months.

The Maternity Benefits Act is a beneficial tool for all pregnant working women. However, it is up to you to take advantage of it.

Plz provide me your feed back.

From India, Mumbai
Dear namrata
its depends on the organisation rules and regulation and policy they made.
because they might be mentioned on the policy itself about your issue.
we cannot terminate the company policies and regulation. we have to obey the same.
at the time of joinig itselt we had agreed all the terms and conditions of org.
regards
siva prasad

From India, Nellore
Hey Namrata,

You are eligible to get the 12 weeks of fully paid maternity leave under the Maternity Benefits Act, 1961.

You can take this leave not before 6 weeks of your expected date of delivery. The entire 12 weeks leave should be taken in 1 stretch. You have to support your leave claim with the doctor's certificate explaining your pregnancy confirmation and expected date of delivery.

Every company has to provide the maternity leave for 12 weeks and the full pay according to this act. The company doesn't have any relaxation because of recession or no funds along with them. Neither does the company have any right to dismiss you or ask you to resign because of your pregnancy. Even when you are on maternity leave, the company does not have any right to terminate your services until you report back to the work.

So you have all rights to take the 12 weeks of maternity leave on full pay. So, explain to your HR that you are aware of the Maternity Act and the benefits you are entitled to under this act.

All the best..

Regards,
Roopali Patil
Facilitator/Trainer
email:

From India, Bangalore
is it really so that the maternity benifit rules also differ acc. to the type of company(proprietorship,MNC etc.) as said .......
From India, Delhi
Hi Namrata,



I can understand the state you must be in. Pls refer to the Maternity Benefit Act 1961. It is quite elaborate and will answer your queries. This act is applicable to every establishment. You are entitled to the benefits if you have worked for atleast 80 days in the last 12 months with the current employer. U are entitled for a max of 12 weeks of benefit period out of which not more than 6 weeks can precede the date of expected delivery. You are entitled to wages for this period (12 weeks) which include cash allowances (da, hra), incentive bonus but not any other bonus, nor overtime earnings, nor contribution payable by employer towards pf, pension etc, nor gratuity. I think the act also allows evey woman who is covered under this act, to be entitled to a medical bonus from her employer, about Rs250/- if no pre natal confinement and post-natal care is provided by the employer free of charge.



There are also conditions specified regarding prohibition of dismissal during absence due to pregnancy, i think it means for the peiod of 12 weeks, but i dont think there is any mention of giving 5 months break bythe employer which could be termed unlawful.



The bottom line is that you are entitled to the benefits as per the act. Pls read the act and check the applicability before you confront your employer. If the act is applicable, the employer is liable for punishment including imprisonment for not following the act. I am not sure about your terms of employment and the medical benefits associated with it to comment on that area.



All the best and dont get stressed.

From India, Visakhapatnam
Dear Namrataya
Please search this site, as Maternity Benefits has been a very popular topic of discussion. You'll get all the relevant information.
Secondly, as advised by others, please furnish more details about yourself-job profile; and the company.
It is very common to find small, bad companies flouting Labour legislations and denying guaranteed benefits to its employees.
CiteHR fraternity is with you and shall offer all possible help.
Regards.

From India, Delhi
hi everyone!

i really appreciate the suggestions given by you all. however, taking the leagl course of action is all bookish and just not practical. i'm saying so because i have been a victim of such circumstances myself.

when my employer came to know of my pregnancy, all of a sudden they started raising questions on my performance and asked me to resign. since i was aware of the maternity benefit act, i gave them a written application about my pregnancy and requested for leaves when required. after that the company started harassing me mentally by humiliating me at each opportunity about my performance and my health started detirorating all of a sudden. and that led to my proceeding on maternity leave well in advance. the pay structure was such that some part was paid as salary and some against bills as reimbursements to save tax (though the appointment letter talked only of gross CTC with income tax & PF deductions and PLI) and thus during the maternity leave period my reimbursements was no paid. I had rqeuested for my PLI before proceeding on my leaves and only 50% was paid to me and later was told your performance appraisal has been done in your absence and you are only eligible for 50% ( already paid to you).

just 10 days before my joining back i was terminated from my services (letter sent to my residence) and dues were not properly settled. in fact when i went to the office to speak to HR and my boss i was not allowed to enter the office. i filed an application to the labour commissioner and with great difficulty got my form 16 and pf withdrwal form.

labour officer too didn't help much as he was bribed by the organization and i didn't have those means.

i was not paid my rightful justified dues and was subjected to a lot of mental tension which almost caused me my son's life.

since i was at a managerial level, there was no door open for me to take any legal course of action and hence had to leave things as it is in the end. i don't think our legal system actually helps.

From India, Gurgaon

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