Facing Resignation Due to No Maternity Leave Policy: What Are My Options?

I joined a startup company on 1st Oct 2019. As soon as I learned about my pregnancy, I informed the corporate HR. There is no maternity leave policy in my company, and now they have asked me to resign and rejoin after 6-7 months. I am in my final trimester now, and the due date is mid-April.

What should I do? Should I go for resignation or seek compensation against resignation? Please suggest.

The Maternity Benefit Act of 1961 applies, in the first instance, to every factory and secondly to shops/commercial establishments employing 10 or more employees. Therefore, if the Act applies to your employer, you are entitled to maternity benefits. It is stated in the Act itself that the employer cannot terminate the services of any employee during her pregnancy. Thus, you should not resign. If the employer fails to provide you with benefits or terminates your service, you have the right to challenge that decision.

If you are considered a "workman" under the Industrial Disputes Act of 1947, your case would be brought before the Labour Court. If not, it would be addressed in the Civil Court.

Kind regards,
S.K. Mittal
[Phone Number Removed For Privacy-Reasons]

If your company has more than 10 employees on their payroll, then maternity benefits are mandatory for them to include. The best advice to you is not to resign and to keep a record of all the conversations you have with your employer. Challenge them legally because they will likely not accept your concerns politely if they have asked you to resign.

Keeping another factor in mind (although not advised) that everyone is not comfortable dealing with legal conditions, you can go for a strict and confident discussion and claim your entire compensation, i.e., the salary of your notice and all other dues plus the full salary applicable under the Maternity Benefit Act.

Whatever you decide, don't forget to keep records ready in your hand.