Facing Termination After Maternity Leave: Are There Legal Protections for Me?

Hi, I am Rashmi. I work in a private hospital. I applied for a 3-month leave as my daughter delivered. Now, after 2.5 months, the management has sent me a notice of termination. Is there any law that protects me?

If you took a 3-month leave in advance with approval, then the company has no right to terminate you.

Regards.

Right to Payment of Maternity Benefit

(1) Subject to the provisions of this Act, every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence immediately preceding and including the day of her delivery and for the six weeks immediately following that day.

Explanation: For the purpose of this sub-section, the average daily wage means the average of the woman's wages payable to her for the days on which she has worked during the period of three calendar months immediately preceding the date from which she absents herself on account of maternity, or one rupee a day, whichever is higher.

I agree with Taksh. If you haven't taken approval from a higher authority for leave, then it's not legal.

You are eligible to receive maternity benefits from your employer if you are not covered under ESIC. It's against the law for them to terminate you during your maternity period. You can approach the labor board or file a claim against your employer.

Thank you.
Regards.

Maternity Benefit Act and Grandchildren

The Maternity Benefit Act surely does not apply to a grandchild. The original poster (OP) was not the mother; her daughter had a baby.

The main question is: Was the leave approved, or did you just inform them that you wouldn't come for 3 months?

Your query is ambiguous. Please clarify whether you took leave for the delivery of your child or if your daughter delivered. I presume you have taken leave for the delivery of your child; it is maternity leave to which you are entitled. An employer cannot terminate your services.

Regards,
RL Dhingra
Advocate

Dear Rashmi,

Many congratulations on your new baby! First, please share the terms and conditions specified in your appointment letter, and then we will be able to provide further guidance.

Thanks & Regards,

Sumit Kumar Saxena

Thank you for your advice. It's not for my delivery. My daughter delivered. [COLOR="Magenta"]I took pre-approved leave for 2 months initially, and then I sent an email requesting its extension (for one more month). Now I received a letter with allegations and an 'offer' of termination.

Request for Loss of Pay Leave

I want loss of pay leave for one more month. How can I protect my job and also get the leaves?

Thank you.

Regards, Rashmi.

Thank you very much for your great effort in finding the relevant laws. It's not for my delivery. My daughter delivered. I took pre-approved leave for 2 months initially, and then I sent an email for its extension (for one more month). Now I received a letter with allegations and an 'offer' of termination. I am requesting loss of pay leave for one more month. How can I protect my job and also get the leaves?

The attachments you sent seem to be related to one's own delivery, I assume.

Thank you for your efforts.

With regards,
Rashmi.

This is not a case of maternity. My daughter delivered, not me. Is there any resolution?

Regards, Rashmi

You have assessed correctly. Initial leave was approved for 2 months. Then I sent via mail for an extension (for 1 month - stating that my daughter and grandson need more care for another month). Then I received a reply stating that my leave extension application was not considered, and therefore, a notice was issued asking why I should not be terminated from service.

Request for Advice on Leave Extension

I need your advice on how to address this situation as I genuinely require unpaid leave for a month. Is there any provision of the law that can support me in this matter?

Many regards for your concern and advice.

Thanks,
Rashmi

Dear Rashmi,

You have not stated whether the leave was duly granted by the management or not. There is a big difference between an application for leave and the grant of leave.

From your post, it is clear that you applied for leave for 3 months but did not ensure formal approval of leave from the management. Absence without the sanction of leave by the competent authority is considered unauthorized absence and is deemed as indiscipline on the part of the employee, regardless of whether the leave applied for is with or without pay.

If the situation is as I assumed, the management is correct in taking action against you for this misconduct. Just consider, even if your domestic servant is absent for a single day without your permission, you would not tolerate their absence. Here, you have been absent for 2.5 months without leave approval.

In terms of the law, the law would not support you if there is a case of misconduct due to unauthorized absence on your part. The only solution for you is to kindly request the management to forgive you for this instance with the promise to be more careful in the future by not taking leave without proper approval from the management.

Regards.

Thank you very much. Your assumption of the fact is almost correct. Initially, I applied for a 2-month leave (without pay), which was sanctioned. After the end of the second month, I applied for an extension for one more month. However, my second leave application was rejected, and the management made additional allegations, questioning why I should not be suspended.

I respect your reasoning, and I believe the only option available is to request them to reconsider.

Thank you for your help in clarifying. Grateful to you.

Regards,
Rashmi

Since you have been asked for an explanation through a show cause notice "why you should not be terminated," you can explain your genuine reason which forced you to go on a month-long leave without pay. Request them to reconsider your case and assure them that such things will not repeat from your side.

A month-long leave without any sanction will always be considered an indisciplinary act from an employee. If you had convinced your employer of the genuineness of this leave, it would have been sanctioned, and this situation would not have arisen. All the best for getting reinstated to your employment.

Regards,
Suresh

Thank you very much for your advice. It's really helpful. I will ensure that my genuine reason is accepted by the employer.

@ Praveen, I am reiterating, my daughter delivered and not me!

With kind regards,

Hi Rashmi, please let us know if you have received a termination letter or a letter asking for your explanation. We will suggest something if we can see the copy of the letter received by you, or please take some time to key in the statements as given in the notice.

Regards,
Ramanaiah

Submissiveness through an application for forgiveness with a clear mention of your compelling grounds for the extension of leave would be far better to satisfy the management than to adopt any aggressive or legal recourse. So, you may better join your duty and get the leave duly sanctioned if you still need more leave to help your daughter at this juncture of taking tender care of the newborn baby.

Regards,
Rashmi

Handling Job Termination Notices in Private Hospitals

Request and plead with all humbleness. If you have been there for a long time, they will oblige. They may even tell you that they would take you on as a new employee. Accept and join. You alone know how important the job is to you. Fighting will not help you with small private hospitals.

If they have just issued a letter asking for an explanation, then it is not termination. You can report for work and give an explanation, pleading guilty and requesting them to condone your absence. I am sure they will oblige.

Regards,
Sivasankaran

Congratulations...!!

HR Policies for Pregnant Women

HR policies for pregnant women vary from company to company. Check with the HR department of your company to find out more about its policy on maternity leave. A good HR policy should ensure that you receive maternity as well as other health benefits, including group medical insurance that covers your whole family.

According to the Maternity Benefits Act 1961, you are entitled to 6 weeks of leave before your due date, and 6 weeks after your child's birth. So you can claim at least 12 weeks or three months of maternity leave. If your company's HR policy is more generous, you might be lucky enough to get even six months off.

It is unlawful for your employer to dismiss you from work because you are pregnant or suffer from any illness during pregnancy. If you feel your employer is not applying the law properly, take legal advice.

Best Wishes for You & Your Child.

Regards,
Anarat Dwivedi

This thread got a little confusing because people misunderstood what you were saying.

Summary of the Situation

You had approved leave for 2 months. You extended it without approval for 1 month. The employer is within his rights to send you a termination letter.

Personally, I do not think anyone benefits in a labor court case. In this case, you are on a weak wicket.

Recommended Actions

The best way is to speak to HR and the concerned manager you used to report to (hope you were on good terms with them), explaining to them the matter that led you to extend your leave. You should definitely apologize for the violation of rules and that you did not realize that you needed to do it in a different way (and that you will not repeat this in the future).

If that does not work or if they are not willing to listen, then you should be looking for another job instead of wasting time running after what is gone. It's not easy to remain in employment where the management wants you out.

Hope this helped you chart your path.

Regards,
Saswata

Dear Sir, I received an explanation from the management asking me to physically present myself within 3 days of receiving the notice and explain why I should not be suspended. I am not sure whether this will lead to termination or not. Thanks for the concern and the reply.

Regards,
Rashmi

Dear Saswata, thank you very much for the "best advice" so far. I am very grateful for this advice, and I will negotiate with the management on this by apologizing for what happened. Hats off to your response!

With high regards,
Rashmi

I suppose you took three months' leave for the delivery of your daughter's child. In that case, you are not covered under the Maternity Benefits Act.

Leave Approval and Termination

The other question is whether you requested and were granted leave for the period of your absence from work. If your leave was granted, then termination of services under such circumstances is unfair.

Please furnish complete facts of the matter, and then we can offer you proper advice.

Best Wishes,
Vasant Nair

Your question is a little bit confusing. Are you inquiring about taking leave for the delivery of your child, or has your daughter already delivered? In any case, the company does not have the right to terminate you if your leave was approved by the management. You have the right to address this issue with them.

With Regards,
Leela - HR

Dear Rashmi,

Congratulations on Your Newborn Baby

Now, as far as your case is concerned, it solely depends on the norms of your joining letter and management policies. Please refer to the maternity act, which entitles you to 12 weeks of maternity leave, that is, 6 weeks before delivery and 6 weeks after delivery. If your leave was sanctioned, then under no circumstances can the employer terminate you. Please speak to HR regarding this matter.

Regards,
Sanjeev Chauhan