Facing Denied Maternity Benefits at Work: Can I Challenge My Company's Policy?

Dear members,

Please help me. I am not an HR professional. I work in a private limited software company in Mumbai. We have almost no HR policies documented. I recently learned that the company refuses to provide maternity benefits to female employees. Employees either have to quit or simply take unpaid leave. None of this was communicated to me when I joined over a year ago.

The reason given by the management is that an employee may quit after the paid maternity leave, so they do not provide it at all. I read a lot of posts on similar subjects and also the Maternity Benefit Act, from which I assume that it is mandatory to provide maternity benefits. Please let me know what I can do? Can one challenge the management? Will it fructify? Also, I think it is not against the act that the female employee quits after taking the leave and benefit, or is it?

Kindly advise. This is of utmost importance to me as I will need a maternity leave soon.

Thanks.

Hi,

It's really mandatory for any organization to provide maternity leave, if it's truly a registered company. If there is no HR Department in your company, then it's advised to approach the management directly and discuss the issue with them as it's a sensitive situation. I am sure they would empathize with you. Wish you Good Luck and take care!

Maternity Leave and benefits as provided in the Maternity Benefits Act, 1961 are legal rights of every woman employee who has the minimum service of 80 days. It is a statutory obligation of every employer to provide for such benefits. It is also true that only established concerns with conventional HR practices do provide such benefits, and most of the new generation companies get away from such welfare schemes. There are many, especially those in the IT sector, who feel or even claim that these labor laws are not applicable to them (as if they are not working in India!). There are employers who have convinced employees by saying that they do not come under the definition of an employee but are 'professionals,' and as such, these Acts do not apply to them. The employees are also happy with the remuneration and the other facilities, including weekend enjoyment given to them. Employers are ready to give better facilities but not prepared to comply with statutory obligations provided in various labor Acts! Nobody has any grievance, and in the absence of any complaint, the Labor department cannot interfere also.

This is not due to ignorance of the law on the part of employers. They know that nobody will question if they do not follow the actual track. If a female employee is denied maternity benefits, it is for her only and there seems to be no collective demand for that. Even if she is asked to leave the organization, she will do that. Here also, nobody will interfere. This is not the case where conventional HR is being followed. In such organizations, everything will be specifically mentioned in the certified standing orders. Since standing order is certified by an officer not below the rank of Asst. Labor Commissioner, it is expected to be in line with all statutory provisions applicable to the establishment.

If you are capable of raising this issue before the government machinery meant for this, you will get the benefits. But, do not make sure that you will continue in the same organization in the same manner as before. You may be sidelined, and you cannot expect a good appraisal in the future. As appraisal is purely a decision of the management, you cannot demand that you must be appraised as outstanding. These are the other side of the coin on which the employer puts his final verdict. If he is confident that employees need employment, he will hold it for him, and the employees lose it.

Therefore, if you are capable of asking for maternity benefits, you can do so. But I repeat, the employee-employer relationship you had earlier will cease to exist.

Regards,

Madhu.T.K

Yes, sir. Presently, IT companies are not following any laws or rules. They are just waiting for the next days.

SESHU :icon1:

Hi! My wife is working with an MNC IT company that has its headquarters in Bangalore. In her 8th month, due to complications, she applied for Maternity Leave. The reply came stating that her performance has not been satisfactory in the last quarter, and hence the company intends to fire her. They have given her the option to either tender her resignation or take a leave without pay for 3 months and then rejoin. Upon rejoining, they would review her performance for a month, and if found satisfactory, she can continue.

Can she fight for Maternity Benefits? She has sent an email accepting the offer to go on a 3-month leave without pay. Please advise.

Dear,

According to section 12 of the MB Act, 1961, if the woman employee is dismissed due to prescribed gross misconduct and the employer orders it in writing to the concerned employee, then in that case, the employer can deprive her of the maternity benefit or medical bonus or both. In other cases, if she has worked for 80 days in the unit, then she is entitled to this benefit.

Opinion submitted as requested.

Regards, R.N.Khola
Skylark Associates, Gurgaon
(Labour Law & Legal Consultants)
09810405361