Umakanthan53
Labour Law & Hr Consultant
Nathrao
Insolvency N Gst Professional
Aks17
Compliance Manager

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Hi Sir,
I joined a company on April 02, 2018 and in the same month later I came to know that I am pregnant. I had informed about my maternity to the higher management after one month and then completed the 3 months probation period, becoming a permanent employee of the company.
But now as I provide the doctor's certificate that I need to take maternity leave from 1st week of September 2018, the company HR is denying all benefits, saying I have not completed 1 year in the company. They are trying to convince me to resign, saying I can join next year to the same post without an interview.
I came to know that an employee is eligible for maternity leave if she has worked for 80 days in last 12 months. I believe , according to this rule, I am eligible for maternity leave.
Kindly suggest the best course of action that I can follow, as I have not resigned from my job yet but I need to take leaves at any cost from Septemeber first week onwards.
Regards
Adyasha

Your company HR is unaware of rules pertaining to Maternity leave or pretending to be unaware.
There is no such rule that employee has to complete one year before getting ML
You are entitled for ML and apply for ML and give medical documentation about your condition.
Do not resign and get carried away by assurance of reemployment etc.
Law gives you some protection.

In my opinion, it is not the lack of knowledge about the enhanced maternity benefits under the Maternity Benefit Act,1961 on the part of the HR, Mr.Rao, to tactfully persuade the pregnant employee to resign now and join later afresh next year. On the contrary, he tries to be true to his salt by quoting irrelevant rules of the organization only for protecting the interests of the management. If I remember correct, you have already explained in some other thread about the negative impact of the revised maternity benefits on the employment of women now a days.
Dear poster,
You are a confirmed employee with a service of more than 80 days in the same organization. As such, you are entitled to 26 weeks of maternity leave if the Maternity Benefit Act,1961 is applicable to your establishment about which no mention in your post. If it is an establishment with 10 or more no of employees and covered by any law applicable to shops and establishments, you are entitled to maternity benefits under the Act. You get a medical certificate from your Gynecologist about the probable date of delivery and submit your leave application and proceed on leave.
If the company refuses to give you maternity benefits as per the law or terminates you during your absence, you can make a complaint to the Inspector under the Act.

Hi
It seems from your information that the company is not ready to pass on the benefits under the Act and trying to convince to join after the delivery. Though it is illegal to do so, maybe the management seems to have taken a stand against the interests of the employee and there is not much you can do other than look for another job post delivery period. You can submit the relevant certificate and proceed on leave as per the rules but have to be prepared to face hostile management, if the company is small and not covered by ESI etc. They may create unwanted issues for the simple reason that you had acted against them.
For now you may just inform that as per doctors advise you are going on leave for the delivery and shall report back after the said period of leave. Put an email with cc to the management attaching the doctor certificate and bcc yourself.
Avail the benefit but lookout for another job, if things comes to such an extent that it becomes stressful to fight with the management.
Thanks and Regards

Hi Sirs,
Thanks for your replies.
What are the best course of actions for me as of now? Even if I take legal action after the delivery which will be around 6 or 7 months later, my family will be financially stressed during that period as I will not get the salary for the same duration.
I want to find a way to convince the management of my company to provide the salary during the ML, which I have the right to receive.
I have not resigned as of now, kindly suggest me some way to solve this issue amicably within the next 15 days, after which I will be going on leave.
I am located in Hyderabad. Kindly let me know if I can contact any of you to take help.
Regards
Adyasha
7893100335.

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