Partner - Risk Management
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Hi, I\'m into marketing department, i would like to avail maternity leaves but my organization is forcing me to leave my job and asking me to rejoin whenever i\'m ready for work. need ur suggestions
20th February 2012 From India, Bangalore
Hello Asha
How is your health condition, are you regular in your office. I am not aware unless an employee gives enough reason, any company would force/coax a person to leave. It seems they are giving you some break/sabbatical, from your query one can't find why they are taking such decision.
As per rule, an employee can not be terminated during pregnency and is liable to allow maternity leave with pay.
You need to first read the company handbook and the contract/appointment letter you have signed. Are you in full time/part time/temporary employment/probation/contract or a confirmed employee.
Please donot get distressed, get to the root cause and work it out with your HR people and supervisor since all such matters must be handled amicably to ensure good reputation at both ends paving the way for long term relationship
Good luck
20th February 2012 From India, Mumbai
If you have completed 80 days of service in the company in the 12 months preceding the expected date of delivery, you are entitled to maternity leave unde rthe Maternity Benfit Act 1961. An employer cannot terminate your services while you are on maternity leave.This is the legal position. However try to work out an amicable solution with HR as Runa has suggested.
HR & labour Law Advisor
20th February 2012 From India, Mumbai
Hi Runa,
Thank you so much for ur suggestion,i'm working in this company for almost 5.5 years and also i have un-utilized leave of 120 days . in my company they are cutting down the man power so if i take leave their business would affect and if i'm on leave they can't hire a new employee for my post.
If leave my job they can hire new employee for my post to generate the business and need not have to give my salary for 3 months. that is what their intention is and they are not allowing me to utilize my leaves. can i approach them legally, whom should i approach for this.
Thanks in advance.

21st February 2012 From India, Bangalore
Dear no company/organisation can ask an employee to leave the job during pregnancy. Legally u r entitled for yoy maternity leaves as per maternity act. You may approach labour inspector of your area and can file a written complaint against the company. They wilk be forced to give you the maternity benefit, pls telk me where is ur company n into which business.
22nd February 2012 From India, Delhi
If any employee completed 4 years of service & 240 days present on 5 th year of service .Pl tell me any body with legal reference that person is eligible for received Gratuity or not Kiran Mohite
22nd February 2012 From India, Kolhapur
While you can go and complain to the labour department, but that rarely does much good.
It is a pity that you are working for a company that is not interested in supporting the employee who have worked for 5.5 years.
If you do go and complain, you can no longer work for them as they will make life miserable for you after you join, and you will have a problem getting another job as you can not give a reference (naturally any one calling them will get a negative reply of your history, which is a bad thing).
you need to decide if you want to continue with such a company after you are ready to work again and take a decision on basis of that. At times it may simply be a good idea to say good bye to a bad company and move on, even if it is at a financial loss in the short term.
22nd February 2012 From India, Mumbai
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