Facing Job Termination After Requesting Maternity Leave: What Steps Should We Take?

Hi Friends,

My wife is in her 3rd trimester. She has been working for an IT company for the past 1.5 years. One month ago, she officially informed her manager and HR about her 6-month maternity leave, but there was no response from either party. Recently, she found out that her company is considering terminating her. I would appreciate your valuable suggestions on the appropriate steps to take in this situation.

Termination will be a clear violation of the law. Please ask her to visit the HR department to inquire and follow up the visit with a written letter regarding her pregnancy. Additionally, refer to her earlier email on the subject.

By the way, what is the source of information on the termination plan?

If the company where your wife is employed has a sane and good HR department, they will not do it. If they do, they will come directly under the radar of the MB Act, which prevents such actions.

Has your wife already proceeded on leave, or is she still attending the office? If such an event is expected, please inform the labor commissioner of the area or whoever is the authority in this matter.

Please do not accept any such communication in hard copy form. Read it, and return it without acknowledging it if they stoop to such a low level.

Warm Regards,

Bharat Gera
HR Consultant
[Phone Number Removed For Privacy-Reasons]

It may be difficult to take action at this stage other than to follow up on the leave applied for and get a response from HR. Do not go by hearsay, however true it may seem. As of now, you do not have any evidence to show that the company is going to terminate your wife, and as she has already applied for the leave a month earlier, the best way forward for now is to follow up on the same and ensure they respond to it. Let us hope nothing untoward takes place and that all those hearsay were strong rumors and nothing else. Good luck, do not jump to conclusions at this stage, and stay put.

Dear colleague,

As pointed out, it would be premature to proceed on the basis of termination which has not happened. Disregard it at this stage, and follow the procedure laid down regarding applying for ML, etc., and wait and watch. Revert to this forum for advice if termination takes place, which is bound to be illegal.

Regards, Vinayak Nagarkar HR Consultant

Do not pay heed to hearsay but consult with me or any other advocate if the employer provides you with anything in writing. Moreover, do not reply without consulting an advocate in such matters where you perceive the employer's intentions to be malicious.