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KhushbooSinghBaliyan13
Hi,
I am 6 months pregnant and working in a private company from last 9 months. Company fired me to give 1 month notice because of structure changes in company and my current position was dissolved. My last working day will be 6th July. How can I claim my maternity benefits ?
Please help. Because as per law company cannot fire a pregnant lady.

From India, Hapur
manojkamble
377

Dear Khushbhoo,
First of all you need to be more specific if you have given resignation letter or company have actually fired you during your maternity period. Because, any employer cannot fire employee during her pregnancy. She is been covered under Maternity Act and being covered under it. So if you have not resigned and employer have fired you then you need to have word with him accordingly and if they are not ready to accept then you can approach labor office.


KhushbooSinghBaliyan13
Hi Manoj,
I didn't resign. HR called us 4 people (Me and 3 boys) and gave us termination letter and giving the above reason of structure changes in company, company is going in loss and all.
If I talk to HR and she said We have fired 3 people along with you then, can I approach to labor office ?

From India, Hapur
varghesemathew
911

Maternity Benifit Act don't say that a pregnant women cannot be terminated. As per sec 12 she cannot be terminated only when she is absenting accordance with the provisions of the Act.During other times she can be terminated.
From India, Thiruvananthapuram
KhushbooSinghBaliyan13
During other times she can be terminated or she cant be terminated. @varghesemathew
From India, Hapur
Srinath Sai Ram
609

your service Terminated as per the Terms of Appointment.It is not a Termination of Service consequent to disciplinary action.The question of availing Maternity Benefit 8 weeks before the actual date of delivery does not arise.you are entitled for for Notice Pay as mentioned in your Appointment Letter only.
From India, New Delhi
varghesemathew
911

She can be terminated during other time just like any other employee.
From India, Thiruvananthapuram
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