Facing Maternity Leave Issues: Can I Take Legal Action Against My Employer?

Hi, I had informed my company that I was pregnant when I was about 3 months pregnant. They said they would give me maternity leave, and I worked until my due date. Later, when I asked, they said they didn't have any rules like that but asked me to resign and rejoin instead with an increment in the salary.

Now, when I am ready to rejoin, they are saying they don't have vacancies. Can I send them a legal notice for not paying me for maternity leave and asking me to resign and rejoin?

Resignation and Maternity Leave Issues

When did you resign from your job? How many months before this happened? You should have approached this forum when your employer told you to resign. Senior members of this forum would have guided you on how to get maternity leave. Approaching this forum is as good as closing the stable door after the horse has bolted.

Now the challenge is, what evidence do you have that shows your employer forced you to resign? What evidence do you have to show that your employer had committed to your reemployment after maternity? Did you record the conversation when you had a meeting with the approving authority?

Your employer has taken you for a ride by telling you that they don't have rules like maternity leave. This leave is given to pregnant women under the provisions of the Maternity Benefit Act, 1961. It was your entitlement provided by the Indian constitution, and the employer does not have the right to deny it. The government has created machinery to ensure that violations do not take place. However, all this might be in vain without evidence of denial at hand.

Instead of quitting employment, all that was required on your part was to submit an application for maternity leave. If it was not approved, then you could have approached the Labour Officer (LO). No employer would show the courage to defy the intervention by the LO.

Thanks,

Regards, Dinesh Divekar

Madam, it is not understood why you have resigned and on what basis. The reason (resign & rejoin) you mention may not be in writing from your employer. Did you refer to the idea of management in your resignation letter when stating the reason?

You should have consulted or approached someone when your employer told you to resign. Senior members of this forum could have guided you on how to obtain maternity leave.

Your resignation closes all doors for any consideration as granted by the law of the land. However, if you have sufficient documentary proof and evidence regarding conversations you had with your management on the subject matter, it would be helpful in a legal battle.

You have been cheated by your employer, taking advantage of your weakness and ignorance about your entitlements under the Maternity Benefit Act, 1961.

One thing you can do is, if sitting idle is the best option until some result may come out (not guaranteed), write a letter to your employer stating that "you are now ready to join and resume the office after the successful delivery of your baby," with the condition of resignation. Send the letter via registered post. You can also send a copy of the letter to "The Hon'ble Chief Justice of the High Court and Supreme Court."