Saswatabanerjee
Partner - Risk Management
MetallicMan
Employee
+1 Other

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Hi,
I had been employed for 3+ months only with a pvt ltd company when i asked for leave.
I had put in an verbal+email application for medical leave due to pregancy for a month.
I provided the doctor's medical as well via email.
The company is not allowing me join back after my leave.
They are saying they never formally sanctioned leave and i might want leaves repeatedly.
They want me to resign (told verbally) and say they might consider waiving off 1 month notice period.
what protection do I have during my pregnancy and what should i do now..
I'm not covered by ESI Act..

Condition for Eligibility of Benefits- Women indulging temporary of unmarred are eligible for maternity benefit when she is expecting a child and has worked for her employer for at least 80 days in the months immediately proceeding the date of her expected delivery.
Regards,
Rajeev Kumar
Bangalore

Hi
As per the maternity benefit act, no woman employee can be terminated during pregnancy.
You are to that extent protected by the act
However, fighting to retain a job against an employer that does not want you, is a very difficult thing to handle. Even if you were to show the rules or take the help of the labour officer to get your job back, the harassment and mental stress you will go through is huge. Are you willing to take that during a pregnancy ?

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