Umakanthan53
Labour Law & Hr Consultant
[email protected]
Retired Government Servant/advocate
+1 Other

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Hi, I recently got an offer from one company and ready to move on. The notice period in my present company is 90 days. However, it seems that I am pregnant right now(not yet confirmed). So if it is confirmed, I am in dilemma to join the new company or stay back in the present company. Request to provide suggestions on this. Legally is it acceptable to change the company at the initial stage of pregnancy?
From India, Bengaluru
Dear Ms.Jaya,
It depends on your discretion to avail the statutory maternity benefits from your employer.
If your minimum length of service in the present establishment would not be less than 80 days in the preceding 12 months effective on the expected date of your delivery, you are entitled to maternity benefit of 26 weeks of leave with Wages and other benefits under the Maternity Benefit Act,1961.
If you switch the job anytime during your pregnancy, you will lose it. Even it is doubtful whether the prospective employer would consider a pregnant woman to take on his roll.
Therefore, it is only for you to decide comparing the effective loss of maternity benefits and the gains of the alternative job.

From India, Salem
Dear Ms. Jaya,
I agree with Mr. Umakanthan. Normally, prospective employer, who will identify your pregnancy through pre-employment medical checkup, will not prefer to appoint you for an employment that means it increases their cost one side and they tend to recruit one more person during your maternity leave as prescribed by maternity act.
So, it is adviceable to move after delivery by this you can avail maternity leave benefits and hospitalisation benefits if your present organisation covered you under group medical insurance policy.
Regards,
P K Sudarsan

From India, Chennai
Honesty is the best policy. Why uncertainty as to pregnancy? This could be confirmed medically and if pregnant, take the prospective employer into confidence and leave the decision to them.
From India, Kochi
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