Adv. Manoj Liyonzon
Lawyer, Chennai Executive
+2 Others

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Seniors as i have a big question going in my mind regarding a company playing tricks to force a lady to resign as she will be going on maternity leaves for 3 months.She is employee of a software company from past 2.5 yrs.
and how much will be maximum period if she ask for maternity benifit 3 months or more than that.
what step she can take to preserve her rights.
can any other company allow her to join their organisation after knowing that, after 6 months she will be availing for maternity.
please answers i will be thankful to you for this help

Dear Rashmi
-None of the company can enforce a current employee to resign from employment service while on maternity benefit (leave).
-terminating an employee from employment service while on maternity benefit (leave) is void. Also cannot cancel in the mid while being on maternity leave.
-Maximum 90 days which shall be determined as 3 months.
-Granting beyond 90 days leave is upto the discretion of company, however even if granted, such leaves days beyond 3 months will not come under maternity benefit.
-On maternity benefit application, the org should address within 48 hrs. Make the application through a registered post attaching acknowledge card, will be best evidence in future.
-None of the company shall employ an employee who is 6 months pregnant, who will prevail maternity benefit within 6 months.

None of the company shall employ an employee who is 6 months pregnant, who will prevail maternity benefit within 6 months

Dear Lawyer,
where this rule is written??

Dear Manoj,
Thanks alot for your reply but my query is this the lady is just 2 months pregnant and all came to know about her pregnancy and as our's is not a big organisation so director came to know about this and he is trying to force her to resign as she will be availing maternity benifit after 7 months.

First of all let the forum know whether your friend/the lady is covered under ESI, if so the director does not have to worry at all for Maternity Benefit, because ESI will take care of the Benefit. If the said Lady is not covered under ESI then also legally the employer cannot force her to resign as such she can sue against the company. With regards to joining any other company and availing Maternity Benefit within 6 months cannot be denied, if the MB criteria is fulfilled.
What is the strength of the Company, do you get Salary Slip. Do you have HR Department, what is your role in the company. What is the company into, please give details so as to advise appropriately.
Dear Pon Am extremely sorry for this point. I take it back . I stated refering a wrong document. As well thank you so much since your question alerted me a lot
Dear Rashmi
-the lady found to be recently pregnant cannot be forced to resign as she vl avail MB.
-your org. director may think it proactive, but its inhumanity & capitalist atrocity.
-Forcing a pregnant women creates mental agony is a sueable.
-advice your director to have courtesy

Please refer ESI Act since you are into HR, please read below few extracts for your reference


Under Section 2(12) the Act is applicable to non-seasonal factories employing 10 or more persons.

Under Section 1(5) of the Act, the Scheme has been extended to shops, hotels, restaurants, cinemas including preview theatres, road-motor transport undertakings and newspaper establishments employing 20* or more persons.

Further under section 1(5) of the Act, the Scheme has been extended to Private Medical and Educational institutions employing 20* or more persons in certain States/UTs.

*Note: 14 State Govts. / UTs have reduced the threshold limit for coverage of shops and other establishments from 20 to 10 or more persons. Remaining State Governments/UTs are in the process of reducing the same.

The existing wage limit for coverage under the Act is Rs. 15,000/- per month ( w.e.f. 01/05/2010).


The ESI Scheme is being implemented area-wise by stages. The Scheme has already been implemented in different areas in the following States/Union Territories of Indian Union.


All the States except Manipur, Sikkim, Arunachal Pradesh and Mizoram.


Delhi and Chandigarh

Since your company is into distribution of Software and the No. of employees is 10, your company does not fall under the criteria of ESIC ACT

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