Anonymous
I have been working in a small company since two years. I am pregnant right now, due to health issue I could not attend office full time, so I used to arrive late at office, and work for whatever work was given. My reporting lady got furious about it and told to leave the job if I am not able to do it properly. I talked with her about the leaves informally but she suggested wont get anything here as there is no policy like this.

I discussed reporting manager and told I'm going to resign and then due to health reason I put resignation, which she accepted immediately next day. After a week while talking with one of the HR person, I got to know that there is paid maternity leave in company's leave policy, many lady employees have taken this facility. I felt like misguided by my manager. I tried to discuss with her and she gets furious and declined on her suggestions like have resign or no maternity leave facility.

I want maternity leave. I should have contacted HR for Maternity leave but I did not. I was even not aware about the Maternity Act.
What can be done now to have it?
Will I be released from company on mentioned date in resignation letter?
Once resignation is accepted, is there any possibility of taking paid maternity leave?
Please guide. Thank you.

From India, Virar
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Saswatabanerjee
Partner - Risk Management
Drsivaglobalhr
Doctor Siva Global Hr

Dear Colleague,
You are eligible for Maternity Leave as per Maternity Benefit Act 1961 which is a legal right and it is not at any body's mercy.
First you apply for withdrawal of resignation and mention the same reason you mentioned that you are unaware of the Maternity Leave eligibility etc

Then approach HR for getting the Maternity Leave. What to do, people have to work with such Managers who are heartless or the organization itself is having a poor mechanism to protect such situations. Take it up. Upto relieving date you can withdraw your resignation and it is only an internally policy. Take help from HR.

From India, Chennai
Legally speaking, since you have resigned and therefore you are not an employee any longer.
The Maternity Benefit Act protects you from being fired during pregnancy but there is no provision that applies to protect you if you have resigned.

The law provides you will be given 24 weeks of paid leave during pregnancy and post delivery. But since you have resigned and being relieved before the delivery, you will not be eligible for it.

You may try to withdraw your resignation. But since it is already accepted, withdrawal is at the choice of the company. You may take the matter up with HR and top management of the company. If they allow you to withdraw the resignation, then speak to HR and follow the rules.

The act now encourages flexible timing and Work From Home where possible.

If the resignation is not withdrawn, then there is little you can do.
You may have been fooled into resigning, but doing so instead of talking to others and taking HR's advice is your fault. Only way thereafter is a legal route which is expensive, stressful and there is no guarantee it will give you the required relief

From India, Mumbai

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