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Akanksha201194
Hi, I am working in an it firm, which is further working for TCS. As I am 8 months pregnant, I asked them to give me work from home or pay without leave and about maternity leave. The next day, they ramped me down, saying there was no requirement for me anymore in this project. That I will be released from the company. Now, there is a rumour that the project will end in March. But only I got the email. All other employees are still working, and they didnít get notice. Could you please help me understand these? I am sure this is because I asked them to give me maternity leave.
From India, Shimla
raghunath_bv
158

Hi Akansha,

I'm sorry to hear about your situation. It's understandable that you may feel targeted due to your pregnancy and request for maternity leave. It's important to note that it's illegal for an employer to terminate an employee due to pregnancy or maternity leave request.

I would recommend reaching out to a legal professional or a human resources representative to discuss your rights and options. It's important to gather any documentation or evidence that supports your claim of discrimination or unfair treatment.

Additionally, if there is a rumor about the project ending in March, it's important to gather more information and clarify the situation with your employer. It's possible that there may be other reasons for your termination, but it's important to address any concerns or suspicions you may have.

Overall, it's important to seek support and guidance during this challenging time. I hope you are able to find a resolution that is fair and just..

Thanks

From India, Bangalore
Madhu.T.K
4210

If your establishment employs ten person, naturally, your establishment should come under the scope of Maternity Benefits Act. You will be entitled to get maternity leave for 26 weeks with pay and out of this 26 weeks, you can take 8 weeks prior to the child birth also.

Now, coming to the apprehension that the project will end in march, I would say that even if the project is terminated, your employer is bound to pay you maternity benefit till 26 weeks. In a recent Supreme Court judgement it has been clarified that the employer has to extend the maternity benefit even after the term of employment ends. Please follow the link below.

http://madhu-t-k.blogspot.com/2023/12/maternity-benefits-can-be-extended.html

https://www.citehr.com/644172-maternity-benefits-can-extended-beyond-term-contract.html

Maternity benefit is a right of every woman employee. If she already has two children, then the maximum leave is 12 weeks but in other cases it is 26 weeks. Moreover, the Act also has provision that a woman employee can ask for work from home if her work can be performed from home. As such you cannot be asked to leave the company. You can file a compliant before the appropriate authority.

From India, Kannur
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