Facing Pressure to Resign Before Maternity Leave: Seeking Legal Advice and Support

Hi, I am working in an organization for the last 1.9 years. It's a manufacturing firm. My employer is asking me to resign with a 1-month notice period upon learning that my due date is approaching because they do not want me to take maternity leave. I am due in July, and I had planned to start my leave on May 09 as per the doctor's instructions.

It has been observed that there is a practice here of asking female employees to quit in order to avoid paying them maternity leave. I want to challenge this practice. Can anybody help me with legal advice? Please assist me.

Regards,
Shalini Mayank

Dear Shalini,

I suggest that you do not submit your resignation. Firstly, inform them officially about your pregnancy. You can write to them stating that your due date is in July, and you are planning to proceed on leave from the last week of May. If they choose to terminate your services during this conversation, you can still claim maternity benefits in addition to the notice period. However, please note that any termination on these grounds would be considered illegal.

Thank you,
J S Malik

Here is my opinion, and please anyone not feel bad. Many times on this site, I have heard a post by HR where they are sort of troubled by female employees who are planning to get married and have children. There was also a debate on whether the personal questions of when you are planning to get married or when you are planning to have a child should be asked or not.

Many HR professionals on one side mentioned that taking maternity leave will result in less productivity, and many with a narrow mindset on citehr are of the view that many females join a company to enjoy maternity leaves. If they plan to have kids, they should not join the company, and they enjoy leaves while HR has to suffer. I can even search those threads and post here as an example. So, in your case, Shalini, though your case might be genuine, your HR might have a narrow-minded view, thinking that people just join to get pregnant and avail maternity leaves.

I know my point is very strong and points out the double standard of HR. I hope any intelligent person understands my point and comments on it.

I completely support your efforts to fight that sexism. I'm not sure where you're from, but in many places, what they are doing is illegal.

Dear Shalini,

Kindly don't submit your resignation once you decide firmly that you are going to fight with the management and to stop cases like this in the future. It is highly appreciated if you select the option to fight (to get justice), so you can read below.

Please write down your problem in detail. If possible, attach some proof or signature from your colleagues and directly submit it to:
- Local labour office (ACL/DCL)
- Local women's network
- Local press
- Your top management

Best wishes. Take care of your health too. Send me a private message for further queries and support.

Regards,
Stephen.

To Skalini,

First of all, you should go to the ESI dispensary and obtain the confirmation date from a registered doctor. Submit this information to the authorized person and obtain an acknowledgment from them. According to maternity leave policies, you are eligible for 90 days of leave. If your employer refuses to grant you leave, you can take the matter to the labor court. Address the issue to ACL with all the necessary xerox documents, and you will definitely be entitled to 90 days of maternity leave with pay.

Thanks,
Sanjeev Rai

Dear Shalini,

First of all, have you informed the management that you are pregnant and provided your Expected Date of Delivery? Have you been working in this organization during this period or before conceiving? Is your organization covered under the ESI act and Maternity Benefit Act? If yes, then do not submit any resignation letter. Submit a leave application and specify the period of leave. Do not engage in conflicts with the management. Avoid feeling stressed; it can be harmful to you and your baby. Allow them to provide their feedback. Submit the leave application requesting Paid Leave, stating that as Maternity leave was not granted, you are seeking Paid Leave. Upon completion of Paid Leave, request Sick leave if needed. If they terminate your employment after following the mentioned procedure, submit all the relevant documents to the Labour Court and approach the Factory Inspector for justice.

Thanks and regards,

Pranab

Dear Shalini,

Please make sure that whatever applications you are submitting to your management, please make copies using the photocopier and keep one for yourself. This way, there will be no problems in the future.

Take care.

Regards,
Shruti

Hi Shalini,

It is good that you are firm in fighting against injustice, but I completely agree with the points that Pranab made. Don't get too tense as it is not good for you and your baby. Take very good care of yourself.

Hi Shalini,

Please do not submit your resignation letter. Submit the leave application and indicate the period of leave. Also, observe their response and ensure all the necessary paperwork is in order.

Dear Shalini,

I favor Mr. Malik Sahab and Sanjeev Ji. Do get a printout of the email you send to management and your senior. Let them know your due date. Don't delay and proceed quickly.

Thanks,
Sanjay

Shalini,

These issues often occur in small-sized organizations, where management is either unsure of the legal aspects or doesn't care. You may make a final attempt with your HR/senior management team. If they remain firm in their decision, you may proceed to consult the labor office. I strongly recommend you talk to them and assure them that you will continue working after your maternity leave. If you have decided to pursue legal action, it is advisable to plan to leave after your maternity leave either by securing a new opportunity or taking some time off before job hunting again. It is advisable to seek opportunities with employers who do not verify previous employment records.

On a broader scale, if the management is unwilling to cooperate, please proceed with legal action against them. Such small organizations must understand that they are obligated to adhere to labor laws, or else they will face penalties.

I wish everything goes smoothly. Take care of your health.

KK

Hi Shalini,

Most of the suggestions posted by the HR professional are correct and acceptable. It is a common practice in some private firms that they tend to avoid all welfare benefits applicable to their employees to achieve more productivity.

One of the views posted regarding maternity benefits and loss in productivity by one of our fellow professionals clearly indicates what kind of supporter of colonialism he is in this era of liberalization. Productivity increases with the attachment to the organization, not with spending time. An eight-hour duty is enough to achieve the output, but the attachment with the organization is eroding the output.

Dear friend, labor laws are for safeguarding the interests of the employees who sacrifice their time and effort for the growth of the company. So, it is binding on the companies to follow labor laws. Suggestions pertaining to the applicability of the Maternity Benefit Act, 1961, are quite clear, as it has been well illustrated by other HR professionals.

Hi Shalini,

Just go through Pranab's suggestion below. What he wrote is absolutely correct, and then act accordingly. For any help, please email me.

Nayna

Hello Shalini,

Don't panic and handle the situation very carefully because you have to take care of your health also and don't give too much stress on your mind now especially when your due date is nearer.

Regarding your employer, give them your leave application during June 2009, before one month. You will be eligible for 90 days of maternity leave, so try to avail less leave before delivery so that you can avail more leave after delivery. Because in any case, you have to join your duties after 90 days of maternity leave.

Don't ever think of giving your resignation. If they don't grant you leave, you can complain about the matter to the local labor office. You will get justice. Keep in mind that when you apply for leave, enclose the original medical certificate issued by a registered medical practitioner and keep a copy with you for proof. Hope everything will be alright. May God give you strength and courage to face these problems. Take care and bye.

Suresh G Nair

Hi Shalini,

First of all, take care and don't get tense at this time. I do totally agree with Pranab and Sweta.

Hi Shalini,

If you had worked for 80 days prior to your Maternity leave, then your employer has no right to cancel your leave or harass you for putting in your papers just because you are pregnant.

A few things need to be clarified: are you covered under ESIC or the Maternity Benefit Act? Somewhere your employer must have displayed Maternity Abstracts in local languages. I suggest you read the same.

Please feel relaxed; it is not necessary that your management should be informed that you are pregnant. You may plan your leaves and proceed accordingly. If you feel that applying for leave or talking to office personnel will not work, then write an application for maternity leave and send it through speed post. Do not forget to preserve that speed post slip as evidence of communication.

You would be paid 12 weeks' salary as maternity benefit and medical bonus as well. If they do not pay the same, please report it to Management, the Labour Officer, Human Rights Commissions, and Women's Cell.

Wishing you a happy and safe delivery.

Regards,
Krishnavat 😊

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