Maternity Leave Dilemma: Can a Company Force Resignation and What Are Her Rights?

Seniors, I have a big question on my mind regarding a company playing tricks to force a lady to resign as she will be going on maternity leave for 3 months. She has been an employee of a software company for the past 2.5 years. How long will the maximum period be if she asks for maternity benefits, 3 months or more than that? What steps can she take to preserve her rights? Will any other company allow her to join their organization knowing that, after 6 months, she will be availing herself of maternity leave?

Please answer. I will be thankful to you for this help.

None of the companies can enforce a current employee to resign from employment service while on maternity benefit (leave). Terminating an employee from employment service while on maternity benefit (leave) is void. Also, it cannot be canceled in the middle of maternity leave. The maximum duration is 90 days, which shall be determined as 3 months. Granting leave beyond 90 days is at the discretion of the company. However, even if granted, such leave days beyond 3 months will not come under maternity benefit.

On maternity benefit application, the organization should address it within 48 hours. Make the application through registered post attaching an acknowledgment card; it will serve as the best evidence in the future. None of the companies shall employ an employee who is 6 months pregnant and will avail maternity benefit within 6 months.

Regards

None of the companies shall employ an employee who is 6 months pregnant and will receive maternity benefits within 6 months.

Attribution: https://www.citehr.com/489361-can-co...#ixzz2xeJJ19dA

Dear Lawyer, where is this rule written?

Pon

Maternity Leave and Employment Rights

None of the companies can enforce a current employee to resign from employment service while on maternity benefit (leave). Terminating an employee from employment service while on maternity benefit (leave) is void. Also, it cannot be canceled in the middle of maternity leave. The maximum leave duration is 90 days, which shall be determined as 3 months.

Granting leave beyond 90 days is up to the discretion of the company; however, even if granted, such leave days beyond 3 months will not come under maternity benefit. Upon maternity benefit application, the organization should address it within 48 hours. Making the application through a registered post and attaching an acknowledgment card will be the best evidence in the future.

None of the companies shall employ an employee who is 6 months pregnant and will avail maternity benefit within 6 months.

Thanks a lot for your reply. My query is regarding a lady who is just 2 months pregnant, and everyone in the organization has come to know about her pregnancy. As our organization is not a big one, the director has been made aware of this and is trying to force her to resign as she will be availing maternity benefits after 7 months.

Regards.

First of all, let the forum know whether your friend/the lady is covered under ESI. If so, the director does not have to worry at all about Maternity Benefit because ESI will take care of the benefit. If the said lady is not covered under ESI, then also legally the employer cannot force her to resign. She can sue the company. Regarding joining any other company and availing Maternity Benefit within 6 months, it cannot be denied if the criteria are fulfilled.

Legal and Ethical Considerations for Maternity Leave

The lady found to be recently pregnant cannot be forced to resign as she will avail of maternity leave. Your organization's director may think it proactive, but it's inhuman and a capitalist atrocity. Forcing a pregnant woman creates mental agony and is legally actionable. Advise your director to have courtesy.

Regards,

No company's head should force any lady to resign just because she gets pregnant. Being an HR professional, you should talk to your director and try to convince him that it is illegal. If that lady goes to the licensing officer or factory inspector and submits an application for this, we will be in big trouble, so we cannot do this.

Legal Obligations Under the Factory Act

Always remember that as per the Factory Act, no one can be denied benefits. No company should break the rules, whether it is a small firm or a big one.

Regards

Dear, no company's head should force any lady to resign just because she gets pregnant. As an HR professional, you should speak with your director and try to convince him that this is illegal. If the lady goes to the licensing officer or factory inspector and submits an application, we could be in serious trouble, so we cannot allow this to happen.

Always remember that as per the Factory Act, no company can deny benefits to any employee. No company should break the rules, whether it is a small firm or a big one.

Analyzing the Situation from a Different Viewpoint

Hi, I am just trying to analyze the situation from a different viewpoint (maybe like playing devil's advocate). If this pregnant lady is:
1. New in the organization/on probation - does the same rule apply?
2. If there are genuine performance issues - does the rule still apply?
3. It clearly means that regardless of performance, it becomes a liability of the organization to retain the employee.

Kindly revert!

Regards,
Richa

It seems that you have not read the query thoroughly. Please find below my comment on your points, which may not be correct. Seniors, please correct if wrong.

1. New in the organization/on probation - does the same rule apply? The lady has been working for the last 2.5 years as per the query.

2. If there are genuine performance issues - does the rule still apply? If there are genuine performance issues, the HR/Director will issue a show cause notice/Warning letters, and thereafter termination on performance grounds. Here the Director is forcing the lady to resign.

3. It clearly means that irrespective of performance, it becomes a liability of the organization to hold on to the employee. If you assume (being a lady) MB as a liability, even PF/ESI Leave etc. are also a liability. Sorry to sound harsh.

Regards,
Richa

I agree with Saji and would like to inform you that just because she gets pregnant, no company should ask for resignation. It is unlawful.

If you force any employee to resign, and she reports such an incident to the labor officer, your company will be in trouble as you are breaking factory rules.

Going by your logic, making salary payments to an employee is also a liability to the employer. Isn't it?

Pon

Switching Jobs During Pregnancy: A Risky Move

If the lady wants to make a switch in this condition, it will be a bad idea because, as you mentioned above, she is 3 months pregnant. Many companies avoid hiring in such cases, so it's better to switch after delivery.

As you are aware, many companies have policies not to hire any employee during the probation period. She will be back in probation, and when her probation completes, she will be at the last stage of delivery. It's better to switch after delivery.

Hope this answer fulfills your query.