Facing Maternity Leave Denial: How Should I Handle My Company's Request to Resign?

Hi, Sir, I joined a company on April 02, 2018, and in the same month, I later came to know that I am pregnant. I informed the higher management about my maternity after one month and then completed the three-month probation period, becoming a permanent employee of the company. However, now as I provide the doctor's certificate stating that I need to take maternity leave from the first week of September 2018, the company's HR is denying all benefits, stating that I have not completed one year in the company. They are trying to convince me to resign, saying I can rejoin next year in the same position without an interview.

Eligibility for Maternity Leave

I have learned that an employee is eligible for maternity leave if she has worked for 80 days in the last 12 months. I believe, according to this rule, I am eligible for maternity leave.

Kindly suggest the best course of action that I can follow, as I have not resigned from my job yet, but I need to take leave from the first week of September onwards at any cost.

Regards,
Adyasha

Your company's HR is unaware of the rules pertaining to maternity leave or pretending to be unaware. There is no rule that an employee has to complete one year before getting maternity leave. You are entitled to maternity leave, so apply for it and provide medical documentation about your condition. Do not resign and get carried away by assurances of reemployment, etc. The law gives you some protection.

In my opinion, it is not the lack of knowledge about the enhanced maternity benefits under the Maternity Benefit Act, 1961, on the part of the HR, Mr. Rao, to tactfully persuade the pregnant employee to resign now and join later afresh next year. On the contrary, he tries to be true to his salt by quoting irrelevant rules of the organization only for protecting the interests of the management. If I remember correctly, you have already explained in some other thread about the negative impact of the revised maternity benefits on the employment of women nowadays.

Dear poster, you are a confirmed employee with a service of more than 80 days in the same organization. As such, you are entitled to 26 weeks of maternity leave if the Maternity Benefit Act, 1961, is applicable to your establishment, about which there is no mention in your post. If it is an establishment with 10 or more employees and covered by any law applicable to shops and establishments, you are entitled to maternity benefits under the Act. You should get a medical certificate from your gynecologist about the probable date of delivery, submit your leave application, and proceed on leave. If the company refuses to give you maternity benefits as per the law or terminates you during your absence, you can make a complaint to the Inspector under the Act.

It seems from your information that the company is not ready to pass on the benefits under the Act and is trying to convince you to join after the delivery. Though it is illegal to do so, the management seems to have taken a stand against the interests of the employee, and there is not much you can do other than look for another job post-delivery period. You can submit the relevant certificate and proceed on leave as per the rules but have to be prepared to face hostile management if the company is small and not covered by ESI, etc. They may create unwanted issues for the simple reason that you acted against them.

For now, you may just inform them that, as per the doctor's advice, you are going on leave for the delivery and shall report back after the said period of leave. Put an email with cc to the management, attaching the doctor's certificate, and bcc yourself. Avail the benefit but look out for another job if things come to such an extent that it becomes stressful to fight with the management.

Thanks and Regards

Thank you for your replies. What are the best courses of action for me at this time? Even if I take legal action after the delivery, which will be around 6 or 7 months later, my family will be financially stressed during that period as I will not receive a salary for the same duration. I want to find a way to convince the management of my company to provide the salary during the maternity leave, which I am entitled to receive. I have not resigned yet. Kindly suggest a way to resolve this issue amicably within the next 15 days, after which I will be going on leave. I am located in Hyderabad. Please let me know if I can contact any of you for assistance.

Regards,
Adyasha
[Phone Number Removed For Privacy-Reasons]