Facing Pressure to Resign During Maternity: How Can We Navigate HR and Keep Her Job?

Hi Mr. Khola,

We are expecting our 3rd child. My wife is working in a reputed hospital as a Pharmacist. She has been asked to resign. Is that valid? What are the options to continue after her delivery without resigning? How do we approach the HR Team or convince them?

Kindly advise...

Hi Sahme,

Women employees are entitled to maternity leave benefits for up to 2 surviving children. This also applies in the case of twins or triplets during the first delivery. However, an employer cannot take any action against a female employee citing maternity leave as a reason. It is advisable to consult with an advocate specializing in corporate affairs for better guidance.

Thank you.

Maternity Leave Eligibility and Amendments

As per the Maternity Benefit Act, there is no limit on the number of children for maternity leave eligibility. Therefore, a woman employee is entitled to 12 weeks of paid leave even if it is her third or fifth delivery. However, the proposed amendment approved by the Government suggests that 26 weeks of maternity leave will be available for two deliveries. For subsequent deliveries, maternity leave of 12 weeks will always be available. Hence, there is no basis for refusing the benefit just because she already has two children.

Caution Note on Employment Impact

When the Act is amended to require an establishment employing ten persons to provide 26 weeks of maternity leave to its female employees, there is a significant risk that the employment of women will be greatly reduced. The situation could worsen if the proposal to establish a crèche in an establishment employing 50 workers is also implemented.

Regards, Madhu.T.K

Is the Amendment to the Maternity Benefit Act applicable only to those who are members of a union or to all contractuals? Please update me.

Dear Member,

Management cannot force any employee to tender resignation. They are not in a position to terminate her services during the maternity leave period. If the management terminates the services, then you can approach the labor department for relief.

With Regards,
R N KHOLA

Tendering of resignation is a purely voluntary act on the part of an employed person, and anyone or any authority asking to resign, compelling to resign, or suggesting to resign violates not only the employment-related laws but also the fundamental rights guaranteed to any Indian citizen by the Constitution of India - a sovereign state.

The HR department, which serves as the aid and advisor of the employer/management, ought to be sensitive and sensible.

Kritarth Team
Bengaluru Service Centre
14th August 2016