Rohini119
Can I be fired during pregnancy due to non performance? I work for a start up as a software developer and have been in the company for 9 months. The company does have maternity benefits. Also how soon can I go on maternity leave?
From India, Bengaluru
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Umakanthan53
Labour Law & Hr Consultant
Rohini119
Software
Nathrao
Insolvency N Gst Professional

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umakanthan53
5918

Have you formally informed your management the fact of your pregnancy before your termination? If yes, the company cannot terminate your services anytime during pregnancy for whatever reason.
You can avail of maternity leave benefit at the earliest by 8 weeks before the date of expected delivery as certified by a doctor.

From India, Salem
Rohini119
I have verbally informed my manager. But he does not care much. Do I need to give anything in writing?
Can a pregnant women be terminated because of performance issue? I have my performance review due in May and my due date is in June. I am worried that my manager will put a bad word against me.

From India, Bengaluru
nathrao
3106

Please submit an application informing the company of your pregnancy.
As learned member above has stated, during pregnancy you cannot be terminated from employment.
But as a side issue, are there any real non performance issues?
if so, one needs to avoid getting into non performance issues.
Right now during pregnancy there is legal protection for woman employees.

From India, Pune
Rohini119
No there are no non performance issues. But my manager is a hitler and that is leading to strained relationship with my manager.
I am working for a startup. We dont have many processed. What kind of written application can I submit. Is email enough?

From India, Bengaluru
nathrao
3106

There is a Form E to intimate pregnancy details and dates of leave.
FORM ‘E’
[Sec Rule 5 (1) ]
Notice under Section 6 of the Maternity Benefit Act, 1961.
(Name of Establishment).
I, (Name of woman) wife/daughter of
employed as at (Name of establishment), hereby
give notice that I expect to be confined within six weeks next following from the date
of this notice/ have given birth to a child on
(date) and shall be absent from work from (date) I shall not work in
any establishment during the period for which I receive maternity benefit.
2. For the purpose of Section 7, I hereby nominate (here enter name and
address of the nominee) to receive maternity benefit and/or any other amount due to me under the
Act in case of my death.
Signature of an Attester in case the woman is Signature or thumb impression of
not able to sign and attires thumb impression. woman.
Dated………………..
You may kindly consult your HR department and act accordingly.

From India, Pune
umakanthan53
5918

Sorry, I mistook the information by oversight as if you were already termimated. Do submit the form forthwith as suggested by Mr. Rao. Ensure whether the MB Act, 1961 is applicable to your establishment. It is better for you not to worry about the job or the inimical attitude of your manager during the crucial stage of motherhood. Life does not end up with a job.
From India, Salem
Rohini119
How do I find if MB Act, 1961 applies to my company. My company has 6 months of maternity leave benefit so I would assume that it applies.
From India, Bengaluru
nathrao
3106

How many employees are there? Is ESIC being deducted? Which state is it located? Maternity is now 26 weeks after the amendment in 2017. Speak to your HR and ask them.
From India, Pune
Rohini119
There are about 150-200 employees. This is located in Bangalore, Karnataka. I dont see ESIC deducted in salary slip.
From India, Bengaluru

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