Facing Layoff While 8 Months Pregnant: What Are My Rights and Options?

Hi Everyone, I am working with an IT company (head office is based in London), and I am 8 months pregnant. Today, we came to know that the company is going through some financial crisis and will be giving notice to the majority of people, which includes me as well. Although I have put forward my point that I am in a situation where I do not have the option to look forward, it has been communicated that nothing can be done about this. They are going to give a notice period of 2 months to everyone as per the appointment letter clause. I am in tension about how to go through this phase. What are my rights? An immediate response will be highly appreciated.

Regards

I regret your current situation. You may challenge the decision of management if the move is particularly against you to avoid maternity leave benefits. However, since the move is common for all and your employer is serving advance notice as per your employment terms, I suggest you represent your current situation to top management and await their response. In case of a negative outcome, you may file a case with the Inspector of Labor (not sure if you fall under the purview of the workman category) in your jurisdiction.

As you are 8 months pregnant, it would be better to ignore the current happenings of your employment and keep your mind cool, happy, and calm as your baby is more important to you than your job and the dispute. Just take things easy.

Hi Lakshminarayanan, thank you for your reply; however, I would like to clarify a few points.

1. I have been employed as an HR Manager in this company since May '19.
2. They are terminating almost 90% of the team, which includes me as well, and providing a notice period of 2 months as per the employment agreement. Our team consists of a total of 49 people.

My concern here is that I am unable to apply for any job at this time and cannot be without financial support due to my pre-defined liabilities. I would like to seek the opinion of seniors on whether I can claim maternity benefits in this situation.

Regards

Your maternity benefit claim need not be settled in your favor. From your explanation, the company is downsizing, and their interest is to facilitate the exit of employees, including you, by providing terminal benefits, as applicable and as per your company policy. It is advisable to meet with your top management personnel personally to explain and share your difficulties so that they can help find solutions.

With best wishes

I understand your anguish. As stated earlier, please make a plea to your top management. Write an email, attach the certificate related to the confirmation of pregnancy, brief them about your commitments, and request their support. However, the probabilities for consideration will be very remote considering your short stint with them. Another perspective to consider is that when they are winding down 90% of the team, what will be your role there?

Stay positive and trust that all is well. Perhaps God may show you a far better opportunity after delivery. If your employer has covered you under Group Mediclaim insurance, request them to utilize it, or if you have personal mediclaim insurance, you may use that.

Have faith in your talents and be confident that you will be able to secure another offer.

Wishing you good luck!

Since the poster is admittedly in the managerial cadre, no suggestion other than filing a civil suit against her discharge after it takes place can be given. However, even if terminated before delivery, she is certainly entitled to full maternity benefits under Section 12(2)(a) of the Maternity Benefit Act, 1961, provided she has intimated the fact of pregnancy with a medical certificate. It is not clearly known whether the poster has formally informed her employer of the fact of her pregnancy. I think the notice has not yet been given by the management. She can immediately go on maternity leave by submitting a formal application with medical proof.

Dear Friend,

As per your posting, you are not entitled to Maternity Benefit even though pregnant because your pregnancy is prior to your employment. Your employer may take this stance.

It is better for you not to put more stress on your mind at this juncture. It would be better to accept the separation with a notice period if your name is included in the separation. Let's concentrate on the safe delivery of the baby. You will have opportunities after you are free from all of this.

Thank you.

Sorry to differ with Mr. Prabat. The employer may take any plea to deny the maternity benefit according to his convenience or misinterpretation of the law. In fact, it is the practice of some employers, no doubt; even a Public Sector Undertaking, which is supposed to be a "Model Employer," if I remember correctly, once took a plea. The employee seeking maternity leave was not a married woman to reject the claim, but the Court negatived it.

Right to payment of maternity benefits

If we analyze section 5 of the Maternity Benefit Act, 1961, captioned as "Right to payment of maternity benefits" conjunctively with the preamble of the Act, we can easily hold that such a defense by the employer is to be dismissed in limine. The effective date from which the right to maternity benefit arises is the expected or actual day of delivery, and the eligibility period has to be counted backwards from that effective date only and not onwards from the date of appointment. Particularly, nowhere does the Act state that pregnancy on the date of the initial appointment is a disqualification against a later claim for maternity benefit.

Thank you, everyone, for your wise advice and well wishes.

@Prabhat - Please note that I was not pregnant at the time of joining this organization, and I have informed the senior management through email about my pregnancy as well.

@Umakanthan - The company has already given written notice to everyone. However, from what I have understood from many sources, in such situations, maternity benefits cannot be claimed.

Regards

Dear Madam, your ultimate question is whether you can stake the claim for maternity benefits in view of the impending retrenchment. My reply, with reference to Sec. 12(2)(a) of the MB Act, 1961, seems certainly correct and appropriate to the situation by your confirmation of your formal intimation of the fact of pregnancy to your employer. Even if they dispense your services by way of retrenchment as per the contract of employment before delivery, they are statutorily bound to pay you the full maternity benefit.