Is My Daughter-in-Law's Job Termination During Maternity Leave Legal? Urgent Help Needed

My daughter-in-law has been working in the private sector for the last 2 years. She is not covered under ESIS. During her pregnancy, she took maternity leave starting from 1st September 2017 after completing her 7th month of pregnancy. On 17th October, she gave birth to a baby girl, and she is currently on maternity leave. Today, her office informed her that, as per their policy, they will pay her 84 days' salary as maternity leave and process her for Full and Final, terminating her service without providing any further reasons.

My queries are:

1) What are the latest provisions on maternity leave?
2) Is she eligible for the extended maternity leave of 26 weeks as per the new amendment?
3) Can her termination from service be considered harassment of a female employee due to her pregnancy?
4) Do I need to file a complaint with the Commissioner of Labour?

Dear expert, please help. This is urgent.

Thanks and Regards,
Deepak

Maternity Benefit and Employer Liability

Maternity benefit is 26 weeks. Since the employee in question is not covered under the ESI Act, the liability of payment rests with the employer. Please inform the employer in writing to extend the benefit for 26 weeks. Also, please send the delivery certificate for the sake of the record.

Initially, take up the matter with the employer before rushing with further action. Meanwhile, please furnish more details about the organization and the employee, which are vital to decide whether there is any malafide action by the employer.

Thank you, Ram, sir.

Does it mean that if the employee is not covered under ESI, she is not entitled to 26 weeks of maternity leave? The company has around 300 employees. Information regarding the eligibility of maternity leave and termination is conveyed through a telephonic call by the HR Manager on the instruction of the Directors. We have requested written/email communication on the subject stating the reason for the termination.

Thank you

Dear Deepak Sir,

Your daughter-in-law falls under the new amended Maternity Act of 2017, entitling her to 26 weeks of maternity leave. Additionally, terminating her services during pregnancy is not legally permissible. Therefore, please inform us if she has completed all the necessary formalities, such as submitting a written leave application and providing required updates and reports. If she has fulfilled these formalities, you can proceed to contact the labor office and file a complaint against the organization under the Maternity Benefit Act of 2017.

Regards

In addition to what Shri Kamble Sir has said, the National/State Women's Commission also takes cognizance of denial of maternity benefits and may provide a faster remedy.

As there was no prescribed format for the leave application, she informed the management through email but did not receive any reply. Additionally, despite being seven months pregnant, they asked her to work late in the evening. No calls were returned once she had gone on leave. She is now hesitant to email about the termination and is only being offered 84 days of maternity leave, conveyed through a telephonic conversation. She will be emailing Form E, stating that her leave will start from September 1, 2017, and end on February 28, 2018.

We will consider both options, i.e., approaching the Labour Commissioner and the Women's Commission.

Thank you for your assistance.

Hi Deepak Ji,

What happened finally? Did the company agree or not? How did you win the case if you had filed it? Please provide an answer as it may also help in my wife's case.

Please review my query at https://www.citehr.com/593642-demand...ml#post2376611.

Regards,
Rakesh

Law provides certain safeguards to women who are pregnant, both during the period prior to and after delivery. Termination of an employee during pregnancy will, in most cases, violate the law. It is recommended to communicate with the Company HR and escalate the matter to higher management levels above HR if necessary.

If the company is unwilling to adhere to the law, the employee may have no option but to approach the Labour Commissioner in the area and lodge a formal complaint. It is essential to take appropriate actions in writing, as this will prevent the company from engaging in any unlawful activities.

At present, we have informed the company through Form E along with the maternity home discharge note. The 26-week period will be over around 1st March 2018. We are waiting for the reply in writing for termination and non-acceptance of maternity leave. Once the 26 weeks leave period is over, my daughter-in-law will resume duty, and only then will the picture be clear. If we approach the authority right now, the company can always backtrack from its stance and say that they will clear the dues only after resumption. Therefore, we are adopting a wait-and-watch approach.

The company cannot state that their policy is to provide only 3 months of maternity leave and refuse to offer the mandated 26 weeks of maternity leave. Additionally, the company is unwilling to provide any justification either verbally, in writing, or via email.

Hi, Gunjanji. The company is not ready to issue the termination letter because they must be aware of the consequences. They are insisting and forcing acceptance of the 3-month leave salary as a maternity benefit and termination if you want the relieving letter and experience certificate.

The problem is that if we take up the matter with the competent authority (Commissioner of Labour), the company will not provide the relieving letter and experience certificate. Also, the case will likely prolong for at least a year. This will make it very difficult to secure another job because, without the relieving certificate from the earlier company, no company will hire you.

I also need to know whether such complaints are acceptable with the women's commission.

Yes, they will not provide anything in writing. My suggestion is to please not accept a lower salary. Just proceed with the Labour Commission. In similar cases, quick decisions have been observed. For the Women's Commission, someone else will be able to guide better. Don't worry too much about the Experience Letter. All the best!

Dear Deepak Nayak, let the period of leaves of 26 weeks be over and ask your daughter-in-law to report back. Till that time, do not pursue any legal action. Keep a note of all communication happening with the company. If possible, if the communication of termination is happening via telephone or a mobile call, then keep a recording of it safe.

Once she reports back to the office, write a note to them for clearance of leave payments as per the Maternity Benefit Act 1961. Once submitted, wait for a response and accordingly move further. If you need any assistance in this regard, then you may call me anytime.

Let's be very clear that the company has no good intentions to pay and has no ethical practices being followed there. So in such companies, working or making a career for oneself is not worthwhile. But we need to hold such employers accountable. Be ready for a long fight. We are with you; call anytime on my below numbers provided.

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