Is She Entitled to Maternity Pay After Being Terminated During Pregnancy?

A woman joined an organization on 1st August 2018 and received confirmation on 1st February 2019. After one year of confirmation, she became pregnant on 29th March 2020 and informed management about her pregnancy. The company then terminated her in June, with the salary for the month of June.

I would like to inquire whether she was eligible for maternity benefits and if the company, upon terminating her, is required to pay the salary for the maternity period as well. Please advise.

She is absolutely entitled to maternity benefit, i.e., salary for 182 days, and her termination would be illegal.

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

Thank you, sir. Shall we approach the labor court in this situation because they are not responding?

Dear Archi, the lady is entitled to maternity benefits from her employer as per the laws, and her termination is illegal based on the facts you have provided.

The grounds on which the employer terminated the lady are best known to them. The lady should file a complaint with the relevant authority to claim her maternity benefits and also challenge her termination.

Steps Before Approaching the Labor Court

Before going to the labor court, go to the labor commissioner. He will send a notice to the company and ask them to pay and reinstate the employee. If they do not respond, he can help you approach the courts on this. But remember that the court processes are long and expensive, so be prepared for the same. Ensure if you are approaching the court, include the cost of legal processes in your claim.

Termination during the maternity leave period is illegal and can be challenged in court. As she had fulfilled the criteria for the minimum working days prior to her intimation for maternity leave, she is quite eligible for maternity leave benefits from the company.