Ravi5554
Asst.manager -hr
Pon1965
Construction
+1 Other

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I was pressurized to resign when I was 21 weeks pregnant and they gave me a notice period of 2 months.i would like to know whether I am entitled to having my maternity leave benefit pay and whether I can claim it now. Pls help.
Also, I would like to have legal information supporting my question above. Thanks!

From India, Delhi
Some companies resort unethical practices towards the female employees when they are pregnant. Do you know even some reputed companies ask for pregnancy test before they are appointed?
In your case, you have resigned (whether it is forced or voluntary) and the employer-employee relationship ceased to exist at the time you are qualified for Maternity benefit. It is unfortunate but you will not get any benefits subsequently after your relieving. The solace is you got atleast N.P. compensation.
Pon

From India, Lucknow
Hi,
1. Before you have to resign you are eligible for 84 days leave with full wages legally as per Maternity benefit act.
2. As you told that they pressurized you for the resignation, you just tell them to give in written reason for asking the resign from you.
3. legally you can file the case againest them, concern labor inspector and tell your problem.
4. if you are already resigned then you are not liable to get any benefits.

From India, Mumbai
I believe since I was forced to resign, and as per the maternity benefit act, I am entitled to having my pay for maternity even if I resign.... If I have worked with the organization for more than 80days than I am entitled to the maternity pay.... Can someone figure this out for me legally...
From India, Delhi
HI, After resigning you are not eligible for that benefit, as per act if you are employed than you are eligible otherwise no....
From India, Mumbai
Even if I am being forced to resign... I think the law considers that....
From India, Delhi
Hi,
How you will prove that they forced you to resign, now its not possible to do anything else.when they are forcing you to resign in that period you have the option to contact labor inspector and solve you problem but at present you resigned means that shows after your acceptance you have resigned.

From India, Mumbai
If I can prove they forced me, than I can approach the law...?
From India, Delhi
Hi, If you will prove then also it depends, how the labor commissioner is going to be consider that issue. Any way if you have the proof then go ahead and try to solve your problem.
From India, Mumbai
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