Pregnancy and Job Termination: Should Companies Pay Notice Period and Benefits?

vernon-mark-sequeira
In case a person is removed from the organization due to pregnancy, should the company pay her notice period amount and pregnancy benefits?

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In the situation where an individual is terminated from employment due to pregnancy, is the company obligated to provide compensation for the notice period and pregnancy-related benefits?
Rahul Chhabra
Please provide more information on whether the person was covered under ESI or not, and for how long she served the organization. Pregnancy is a very sensitive issue, and an employee cannot be removed just because she is pregnant. If she is removed, she can make a complaint to the concerned Labor Officer, and trust me, the entire course of action will be in her favor.

Regards,
Rahul Chhabra
Aks17
Legal Protection for Pregnant Employees

Removing an employee during her pregnancy is illegal. Please refer to the Maternity Benefits Act, Section 12 - Dismissal during absence or pregnancy.

(1) Where 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, or to give notice of discharge or dismissal on a day that the notice will expire during such absence, or to vary to her disadvantage any of the conditions of her service.

(2) (a) The discharge or dismissal of a woman at any time during her pregnancy, if the woman but for such discharge or dismissal would have been entitled to maternity benefit or medical bonus referred to in Section 8, shall not have the effect of depriving her of the maternity benefit or medical bonus: Provided that where the dismissal is for any prescribed gross misconduct, the employer may, by order in writing communicated to the woman, deprive her of the maternity benefit or medical bonus or both.

(b) Any woman deprived of maternity benefit or medical bonus or both may, within sixty days from the date on which the order of such deprivation is communicated to her, appeal to such authority as may be prescribed, and the decision of that authority on such appeal, whether the woman should or should not be deprived of maternity benefits or medical bonus or both, shall be final.

(c) Nothing contained in this subsection shall affect the provisions contained in subsection (1).

Thanks and Regards
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