Navigating Job Security During Pregnancy: What Legal Steps Can We Take If Asked to Resign?

Employment Concerns During Pregnancy

My wife has been working with an MNC for the past 2 years. Recently, the company underwent a downsizing and benched some people from her project. She is currently 5.5 months pregnant. The company has clearly stated in their policy that individuals on the bench must secure a new project within 2 months of being benched; otherwise, they may be required to resign.

The issue now is that no one is willing to take my wife on as she had already planned to go on maternity leave after 3.5 months. I would like to understand what legal options are available if the company requests my wife to resign at the end of the 2-month period. Please note that my wife had informed her superiors about her pregnancy via email.

Protection from Termination During Pregnancy

She is protected from being removed or terminated as she has officially informed the company management about her pregnancy. However, the long-term stability of her job is doubtful as they may find ways to reduce staff strength.

Maternity Benefits Act, 1961

The Maternity Benefits Act, 1961 ("Act") governs the conditions of service for women employees on maternity leave. The Maternity Benefits (Amendment) Act 2017 has not made changes regarding the termination of a woman's employment due to maternity status. The Act, as amended, provides rights for pregnant employees. One such duty, clearly stated, is that the employer cannot terminate the services of a woman employee who is on maternity leave.

Section 12(1) of the MB Act states that when a woman absents herself from work in accordance with the provisions of this Act, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence.

Case Study: Neera Mathur

In the Neera Mathur case, a woman who was on probation was dismissed from LIC of India while she was on medical leave. The employer's reason for termination was that she deliberately tried to hide her pregnancy when filling out the declaration form prior to being appointed. The Honorable Court not only directed LIC to reinstate her but also held that collecting personal data relating to pregnancy and menstrual periods violates the right to privacy of the woman. The Court further observed that such personal data is collected to deny women the benefit of medical leave to which they are duly authorized.

Hi, I would like to further know on the same grounds if the role in which the female employee was has become redundant and there is no other alternative, can the company ask her to leave after she resumes? This is provided all that is due to her is paid, including the notice period.