Forced to Resign for Taking Maternity Leave: What Are My Legal Rights?

Dear Sir/Madam, My company is forcing me to resign as I am going to take maternity leave. Is there any law to save my job and ensure maternity benefits?

Thank you.

You have not disclosed in your comments above whether the unit in which you are working is covered under the ESI Act, 1948, or under The Maternity Benefit Act, 1961. I suggest you go through the provisions of these Acts. If eligible under any of the above Acts for maternity benefits, I think the action of your employer seeking your resignation merely on the basis of a claim of Maternity Benefit appears to be not in accordance with the law.

I hope that in order to know your rights, you will study the above Acts and ascertain your eligibility. If you are eligible and if the employer proceeds to take any action against you, you can contact the appropriate authorities as created under the above Acts for the redressal of your grievance.

Please go through the attached file, and you will definitely find the answers. You don't need to resign in any case because no company has the right to ask for resignation just because you are pregnant. The Maternity Act is applicable in all organizations that employ 20 or more individuals on any day of the calendar year.

You don't need to worry about your job. If they ask for your resignation, go to the labor office and submit an application with all the details. I'm sure they will assist you in your case.

Regards

It is illegal and contrary to laws if your company is forcing you to resign from the service of the company because you will proceed for maternity leave as per the laws of the land. You may lodge a complaint against the employer before the appropriate forum to get full relief as per prevailing laws of the land.

If you are covered under the ESI Act (assuming your gross salary is within Rs 15,000 per month), you will avail of all facilities, including maternity benefits under the said Act.

In the event your salary exceeds Rs 15,000 per month and you are beyond the ESI limit, then you fall within the Maternity Benefit Act. Consequently, you will receive all privileges and facilities regarding maternity leave, salary, etc., in accordance with the Maternity Benefit Act.

Hence, you should contact the ESI Department/Labour Department secretly, as the case may be, to know the next course of action to be taken in the matter. They will guide you properly. Please note that the law is very much in your favor, and you do not need to resign from the company.

Regards,
Sibabrata Majumdar Management Consultant Legal & HR Kolkata, Mb: [Phone Number Removed For Privacy Reasons]

Nobody can force you to resign if you have already informed your employer about your pregnancy. As per labor law, an employer has no right to force resignation or terminate your service. You should file a complaint with the labor office.

Regards,

No one can force you to resign if you have already provided information about your pregnancy. According to labor law, employers have no right to force resignation or terminate your service. You should file a complaint with your nearest labor office and submit an application with full details.

Regards

Dear Sir,

Now the company is making excuses, citing mistakes I made in the past. Please note that I am working under the Maternity Benefit Act, 1961. I have been with the organization for the last two years. Our manager keeps copying our HR manager on emails, starting with blame for my mistakes that were already resolved in the past. At that time, they did not take any steps like this. But now, they are using those points to force me to resign. They are not writing any emails; they are calling me one by one and forcing me verbally.

I just have to ask, can they take any actions on mistakes done in the past?

Regards,

There is no connection between past mistakes and maternity leave when it comes to resigning. I personally feel that contacting the labor office and informing them of everything as early as possible is the best course of action. Don't worry, you are in a strong position now, and legally, you are safe. Nobody has the right to ask for your resignation based on past mistakes that have already been resolved.

Keep a copy of your appointment letter with you whenever you visit the labor office. The company cannot take any action for a mistake unless it was significant and led to a substantial loss. I hope you haven't made any major mistakes that would prompt them to ask you to resign.

All the best.

Earlier mistakes made by you are entirely different from the Maternity Benefit you are claiming now. Did your management or HR Department issue any warning letters or initiate any disciplinary action against you? If so, please keep a record of it.

Please approach the District Labour Office and explain your case elaborately. Discuss the previous offense committed by you that led to administrative or disciplinary action and evaluate your current situation. They are the right individuals to assist you in this matter.

Wishing you all the best.

Regards

Members have replied to you aptly. Apart from that, I would like to know whether you have intimated your office/company about the maternity leave in writing and received due acknowledgment. If yes, then do not worry; nothing is going to happen, so do not resign. If you have not informed them about your maternity leave, please do so immediately without further delay. If they force you to resign, ask them to provide it in writing, which they can't. Also, for your previous mistake, ask them to give you a show-cause notice now, and you will provide them with a reply for that. Please do not worry; nothing is going to happen. Keep calm and do not stress.

How many years have you served in that company? Please mention the date of joining and leaving. Is there any break in service available in your records? Is the nature of the offense serious enough to warrant the punishment of termination?

Did the management and HR department initiate any disciplinary action against you, and did they conduct a formal inquiry? If you have the answers to all the above questions, you can post them here and seek guidance from a good lawyer as well as from us.

If your salary is less than Rs. 18,000, you can file a complaint with the Labour Enforcement Officer or seek justice through the court of law. Regarding the Maternity Benefit Act and gratuity, the district Labour License Issuing Authority is the appropriate entity to handle those matters.

Thank you.

To address your concerns, you should file a complaint with the nearest Labor Department or Office. Additionally, you should send a legal notice to the company regarding the mental harassment experienced during your maternity period and the dismissal or termination based on false allegations related to claiming maternity benefits.

Resignation Offer Instead of Termination

My company has offered me the option to resign instead of accepting the termination letter, and they will compensate me with three months' salary in advance, along with the complete payment of full and final settlement. I have requested my maternity leave from July 15 to October 15, and they have offered me a salary for three months, i.e., May, June, and July.

Also, note the mistake I made in the month of January that cost approximately 56,000 INR, which our customer has paid. The company denied accepting and paying this amount. This matter was sorted out by us in the month of March.

I joined the company on April 24, 2012, and the company forced me to resign on May 9 by offering me a termination letter.

Please advise.

If you submit the resignation letter, then you will have to pay the notice pay. Please request them to retrench you so that they have to make the payment to you as notice pay and retrenchment compensation. But if you are terminated, you will also be eligible for the notice pay. Hence, you will be financially benefited.

As you have served for 1 year, you are eligible for 15 days' salary as retrenchment compensation and the notice pay as per your employment offer letter.

Regards,

If your company is covered under the Maternity Act of 1961, the employer has no right to change the conditions of employment or dismiss/terminate you when you are on leave during pregnancy.