Understanding Maternity Benefits and Termination Rights: Legal Insights

Hi,

I am 6 months pregnant and have been working in a private company for the past 9 months. The company terminated my employment, providing a 1-month notice, due to structural changes within the company resulting in the dissolution of my current position. My last working day will be on 6th July. How can I claim my maternity benefits? Please help as, according to the law, a company cannot terminate the employment of a pregnant woman.

Dear Khushbhoo,

First of all, you need to be more specific if you have given a resignation letter or if the company has actually fired you during your maternity period. Because, any employer cannot fire an employee during her pregnancy. She is covered under the Maternity Act. So, if you have not resigned and the employer has fired you, then you need to have a word with him accordingly. If they are not ready to accept, then you can approach the labor office.

Hi Manoj, I didn't resign. HR called us 4 people (Me and 3 boys) and gave us a termination letter, citing the reason of structural changes in the company and financial losses. If HR informs me that they have terminated 3 other employees in addition to me, can I seek assistance from the labor office?

Maternity Benefit Act doesn't state that a pregnant woman cannot be terminated. According to Section 12, she cannot be terminated only when she is absent in accordance with the provisions of the Act. During other times, she can be terminated.

Your service has been terminated as per the terms of appointment. It is not a termination of service consequent to disciplinary action. The question of availing maternity benefit 8 weeks before the actual date of delivery does not arise. You are entitled to notice pay as mentioned in your appointment letter only.

Thank you.