Facing Termination for Insisting on Maternity Leave Pay: What Should I Do?

I am working with a private limited company since Dec '11, and I went on leave in Nov '14. Before going, I submitted a leave notice to my boss, who did not want to accept it and asked me to resign. I did not resign and took the leave. I could not join within 3 months because my C-section was done on 13/12/14, and I could not recover by Feb '15. So, I took permission from my boss, and he allowed me to join in March '15. After joining, when I asked for pay against maternity leave of 3 months, he denied it, saying his company doesn't offer such types of benefits. When I insisted, he is terminating me. Request you to please advise.

Regards,
Monika Beri

The act of termination and refusal of pay will be a violation of the Maternity Benefits Act, 1961. An employer will be in legal trouble if they terminate you in this fashion.

Yes, Mr. Nathrao is exactly correct. Show him the Maternity Benefits Act of 1961, in which section deals with Maternity leave and its benefits. Furthermore, taking leave on the basis of Maternity benefits is not an absconded/unauthorized leave. You will receive both leave with pay for 84 days.

Madam,

Basically, this act is a social legislation to keep our labor rules in line with world practices. Courts will generally construe cases favorably, and in your case, I don't think the employer can just terminate your services. The law is on your side. The company is just trying to cut some expenses.

Issue with Maternity Leave Benefits

These are two sister concern companies that operate through a single premises. The total staff in these two companies must be around 30. These companies don't offer any benefits of insurance or mediclaim, don't deduct PF of employees, and there is no leave benefit.

There are three directors who are real brothers in relation. There is no HR, so I have discussed this issue with all of the directors, but they are not paying salary for the maternity period. They say payment for leaves is not a rule of their company.

I don't have any other job in hand, so if I insist, they will ask me to leave. It's been two months since I rejoined, and he is not entertaining my request. Please also note that there is no clause in my offer letter about maternity benefits, but it has a line that states the employer can terminate me anytime without giving prior notice.

Please advise.

Regards,
Monika

"There is no clause in my offer letter about maternity benefits, but it has a line that states the employer can terminate me anytime without giving prior notice." It does not matter. The firm cannot legally deny you benefits authorized by law. Your local labor commissioner will have a different opinion than that of your learned employer. Terminating an employee without notice is equally bad in law and can be challenged in a court of law. No one is advising to confront, but bring the legal position to his knowledge as pleasantly as possible and ask for dues. Probably you can give a request in writing covering all your medical problems, etc.

Inquiry About Employee Count and Maternity Benefits

I have checked with my nearest labor commissioner department. They asked if my company has more than 10 employees or less. Now, there are many employees on the same premises who are on the payroll of different companies. My boss has started many small companies and has listed employees' names accordingly. There is no HR, and the accountant will not help me because he knows that I am checking this for maternity benefits. How do I find this information? All that I know is there are 4 directors in the company I am on the payroll of.

Please advise.

Regards,
Monika

Are they registered as private companies or public limited companies? What is their registration number? Go to Ministry Of Corporate Affairs - Home and try to get information about these companies. The local registrar of companies can probably help you with the information. There are many drop-down menus on the site, try them out to get more information. How many staff are there in the company you are working with? If nothing else can be done, serve them a legal notice.

Dear Monika, we feel bad that despite having strong laws in place to ensure your case, you still had to run from pillar to post. You have many options; one is to approach a good lawyer who can help you collect your due payment and ensure that you will not be sacked for this reason, at least.

Steps to Take for Legal Assistance

Send a letter to the Labour Commissioner stating your details; this will also be beneficial. Also, please provide your company name and address details so that we can check and inform you of its legal status. If you want, you can share it personally.

Regards