Facing Maternity Leave Denial: Is a Policy Clause Really Necessary for Approval?

Hi, I have been working for 4 years with the same company. When I approached my management for maternity leave, they said that they cannot grant it, as there is no clause about maternity leave mentioned in the company's policy. Hence, they cannot approve it. They are also asking me to resign and consider the 31st as my last working day. As a special consideration, they will pay me for the next month (1 month) even if I don't come, and I can rejoin with the same designation whenever I want to.

Maternity Leave Policy Query

Is it necessary to have a maternity clause mentioned in the company's policy if I want to apply for it? (There is also a specification about maternity leave in my appointment and offer letter.)

Please advise.

Hi Nisha,

Company policies don't matter for maternity leave. It is mandatory as per statutory regulations. If you are not provided with maternity benefits, you can escalate the issue to top management and later to the labor department.

Apart from not providing maternity benefits, no organization can terminate or ask you to resign without any other valid reasons. Both of these points go against labor laws.

Maternity Leave Eligibility and Legal Rights

This is in addition to what Jeevarathnam has said. Maternity leave is sanctioned under the provisions of either the Maternity Benefit Act, 1961, or the ESI Act. Appointment letters issued by private companies cannot override the laws made by either the central government or state government. Unarguably, you are eligible for maternity leave. One more year in employment, and you will become eligible for gratuity. Therefore, you need to escalate the matter now itself. If you back down and submit a letter of resignation, you will have a break in service, and you will forfeit the gratuity as well.

All the best!

Regards, Dinesh Divekar

Yes, in addition to that, if the employer refuses the leaves, asks the employee to join on maternity leave, or refuses the salary. According to the MB Act 1961, there is imprisonment of 3 months to 1 year or a fine of 2000 to 5000 or both.

Best of Luck!

Understanding Your Maternity Leave Rights

Companies' policies are not above the Maternity Benefit Act. No matter what the manager tells you, you are legally entitled to maternity leave. Apply for maternity leave in writing with proper medical documents. I am sure such a manager would not reject such an application in writing.

The manager is asking you to resign because he does not want to pay you a salary during your maternity leave. He is not doing anything great by offering you an extra month's pay. He is actually and illegally asking you to resign so that your continuity of service is broken. Since you have already worked for 4 years, within a year you will be entitled to gratuity. But if you resign and join later, then I am afraid you have to start afresh, and there is no guarantee that you will be appointed in the future by the current company.

Steps to Take

Under these circumstances, I suggest you make an application in writing along with medical papers and let the manager decide in writing. Upon his actions, you can decide on the next course of action. Good luck with your baby too.

Check my blog at www.labourlawhub.com

Hi Nisha,

The maternity leave benefit is a part of the Factories Act, which should be compulsory for female employees. An organization cannot terminate an employee on maternity grounds. The rule specifies 6 weeks before and 6 weeks after delivery. In this matter, you don't have to resign, but you have to inform the management well in advance about your absence from work.

Thank you.

Hi,

Thanks to all for the suggestions. After reading through, I am now more confident to approach the management again and will definitely take appropriate action.

Thanks again.

Maternity Benefit will be as per the Maternity Benefit Act. It is a statutory obligation of the employer for payment. The non-existence of a clause in the appointment has nothing to do with this. As per the rule, you will have to receive the benefit as per the Act (12 weeks' salary). Please issue a notice/letter to the management for payment.

I agree with learned friends.

Further, I want to add that a statutory provision can't be taken away by company policy. Rather, company policies should be devised in such a manner that they provide for all statutory provisions under all relevant acts applicable to that organization.