Anonymous
Hi, I have an employee I hired on Aug 25 with 8 month probation offer letter.
She took 7 sick leaves within 2 months of joining and in oct told us that she is pregnant. On Dec 15, She went for premature delivery. Our business is based out of Ahmedabad, Gujarat. We have less than 10 employees hence maternity act does not apply to us. On a humanitarian basis, we gave her paid 30 days' leave. She later extended her leave and went on unpaid leave and joined back just now on April 4. Now again she has already taken 4 leaves since April 4.

I have a business to take care of and I recently received a new project I want someone to take care of and I cannot rely on her and assign her any responsibilities. What are my options? Can I terminate her due to the "unable to fulfill job requirements" clause?

From Canada, Vancouver
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Saswatabanerjee
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saswatabanerjee
2355

Since she has rejoined after pregnancy, the Maternity Benefits Act will not apply anyway.
You are free to terminate her employment, by following the normal regulations, including giving her a chance to defend herself.
You will need to give notice and conduct domestic enquiry. But since you are a small company with less than 10 employees, some of the regulations may not apply. Check the Shop & Establishment Act and Industrial Dispute act relevant o your state to decide the process

From India, Mumbai
durga-narayan-raju
I am on pip this month, if I terminate in this process am I eligible for maternity salary. Next month 17 took for maternity leave and all the docs related maternity benifits submitted to the esic office ? and my company also approved for leave
am i get maternity salary ?

From India, Mumbai
saswatabanerjee
2355

If you have informed them of your pregnancy, they can not terminate you till you have availed you of maternity benefits.
From India, Mumbai

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