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Anonymous
Hi,

Please help me what can i do if company deny to give maternity leave, i have been working with my company from more than 3years and now i am 6 month pregnant, I had a discussion with my CEO for maternity leave and what needs to be done as i am the only hr in my company and handling more than 100 employees and all the branches as he was not discussing anything about the maternity leave.

When i went to him to discuss on it he started giving me a reason for performance issues,he is just making reason and started frustrating me by shouting and looking for fault in all my work so that i resign and he don't have to give maternity leave benefit to me as per maternity act. I am medically fit to continue and already informed him that i can continue working till 8 month.

I just wanted to know what is my right and what action i can take if company is forcing me to resign and denying to give maternity leave to me.


Thanks & Regards,
2nd August 2017 From India, Mumbai

Dinesh Divekar
Business Mentor, Consultant And Trainer
1962shrikant
Head - Ir/hr
+2 Others

Dear Niki,

If the person none less than CEO has made his mind to remove you then there is no point in continuing with that employment. Nevertheless, you may quit the employment but after taking maternity benefits. As such you are eligible to avail of maternity leave.

In case if he does not sanction your maternity leave then you may approach the labour officer of your area. He supposed to intervene in such matter. In case if he does not intervene then you may approach National Commission for Women (NCW), Mumbai Chapter.

By the way, what is your designation? Generally queries of this type come from non-HR and HR professionals provide the solution. Query from HR professional on forced resignation to avoid payment of maternity benefits is little surprising.

Thanks,

Dinesh Divekar
2nd August 2017 From India, Bangalore
You may already be aware of the new Maternity Benefit Amendment Act that has raised the paid parental leave for working women from 12 weeks to 26 weeks, effective 1 April 2017.
2nd August 2017 From India, Bangalore
Anonymous 
Dear Dinesh,

Thanks for your reply its really helpful, I am aware of maternity benefit act,but still raise this query as i should not miss anything before taking any action against my company,really frustrated by my employer i dont wanted to continue with the organisation as i know that he is going to frustrate me even after that but why should i leave my right and quit someone has to stand against it in our company.

As my company has never given maternity leave to any female employee and being an hr i wanted to fight against it so that atleast this policy get initiate in our company and all other female employees can get job security or else he will continue doing this to all other female employee.This is our legal right we are not begging for something.

Thanks & Regards
2nd August 2017 From India, Mumbai
Dear Niki,

When you approach Labour Officer or National Commission for Women, you need to have sufficient evidence. Therefore, take with you proof of your performance in the past as well as proof of his harassment. In case if he is verbally telling you to resign then while in his cabin, record your conversation. Tell him that hitherto performance was not issue and why it has become all of sudden. When the conversation in progress, silently record it. Preserve this audio file carefully. Take back up at 2-3 places. While talking with him be polite but loud enough to capture your voice. Possibly this contingency of showing this evidence of harassment may not arise nevertheless, your case can become stronger if you have demonstrably true evidence.

In case if you are required to visit either office then carry with you your appointment letter, payslip and identity card. Sometimes government authorities also ask for the evidence of the employment.

All the best!

Dinesh Divekar
2nd August 2017 From India, Bangalore
Anonymous 
Dear Dinesh,

Please help me as the problem is that he is telling my performance is not efficient and i conveyed him that it is not possible for me alone now to handle huge employee strength and all the branches as well recruitment is also part of my job and there is huge open position more than 25 to be closed and i alone cant handle it,I m only hr to handle our india and global branch as well and all the hr role is done by me only.and now he is looking for the fault and he did not ask me to resign in my 3 years of duration but when i asked him for maternity leave than he is saying me that he is not denying to give maternity leave dont mix this topic your performance is not efficient so that we can wait for you for 26 weeks but my question is why this point came now why not before my pregnancy and even during my 6 month of pregnancy he dint ask me to resign, i tried discussing with him trice but he always ignored and anything,He dont give anything in written can i ask him to terminate me if he force me to resign so that i can get any evidence.

Thanks & Regards
2nd August 2017 From India, Mumbai
Niki,

Now you have come out with the crux of the issue. You had been handling HR operations all alone. However, you should have asked for the assistant long ago. You had been ploughing lonely furrow and this very quality has gone against you. I find here the difference in perceptions. Managing 100-employee company with single HR is ridiculous. Nevertheless, he thinks that HR's job is light and he does not understand the intricacies of the job. Neither you grumbled about it in front of boss. Your tolerance was misplaced.

As one of the options, you may propose him to start looking for your replacement. Tell him to keep you on roll officially. Do not resign now itself. Make sure that 6 month's of maternity leave period gets added in your tenure. It will help you to prolong your tenure. Possibly your boss may come to know your worth in your absence. However, resume your duties after maternity break only if he outsources the recruitment.

Thanks,

Dinesh Divekar
2nd August 2017 From India, Bangalore
Anonymous 
Dear Dinesh,

I have already told him that i cant handle it alone but he said that when our employee strength reaches 100 then he will hire new hr, now he has asked me to find replacement but he is denying to give maternity leave by stating performance issue as maternity leave is a paid leave and he dont wants to pay.My question is if my performance is not up to his expectation so why dint he ask me to resign before why is he frustrating and asking me to resign now when i asked him for maternity leave.

It seems that it is very easy for employer to say that you are not efficient and frustrating pregnant women so that she quits and resign and the employer dont have to give maternity benefit to women employees.Do you thinks its correct ? what is he doing to me. This is our right and how can i accept his false allegations.

Thanks & Regards

Thanks & Regards
2nd August 2017 From India, Mumbai
Niki,

In my earlier replies, I have given you the solution if your employer denies you the maternity leave. Secondly, do not frustrate yourself. This is not the right time to do that. You have larger responsibility towards your upcoming child. In the last trimester, you need to be happy and have a peaceful mind. Healthy development of fetus is your utmost priority. My advice may appear little avuncular but appropriate as well. Therefore, take on your employer but be unperturbed as well.

All the best!

Dinesh Divekar
2nd August 2017 From India, Bangalore
Just stay put. Inform the company about your maternity by submitting required forms as defined in the act & obtain acknowledgement of the same. If the company refuses to pay the benefit, you may complain to Government Labour Officer of your area. In the complaint letter narrate the circumstances & attach copies of acknowledgements. Your matter will be solved as denying maternity benefit is viewed very seriously by labour department.
2nd August 2017 From India, Mumbai

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