Misled About Maternity Leave: Can I Still Secure It After Resigning?

I have been working in a small company for two years. I am pregnant right now, and due to health issues, I could not attend the office full-time. Therefore, I used to arrive late at the office and work on whatever tasks were assigned to me. However, my reporting manager became furious about my situation and told me to leave the job if I was unable to perform it properly. I informally discussed taking leaves with her, but she suggested that I wouldn't receive any benefits as there is no policy for it.

I then spoke with my reporting manager and informed her that I intended to resign. Following this conversation, due to health reasons, I submitted my resignation, which she promptly accepted the next day. A week later, during a conversation with an HR representative, I discovered that the company does have a paid maternity leave policy, which many female employees have utilized. This revelation made me feel as though I had been misled by my manager. When I attempted to discuss this with her, she became angry and rejected my requests for either rescinding my resignation or providing maternity leave.

Securing Maternity Leave

My primary concern now is securing maternity leave. Although I should have contacted HR directly regarding this matter, I failed to do so as I was unaware of the Maternity Act.

Questions and Guidance Needed

What steps can I take now to obtain maternity leave? Will I be released from the company on the stipulated date in my resignation letter? After my resignation has been accepted, is it still possible to take paid maternity leave?

I seek guidance on this matter. Thank you.

Dear Colleague, you are eligible for Maternity Leave as per the Maternity Benefit Act of 1961, which is a legal right and not subject to anybody's mercy. First, apply for the withdrawal of resignation and mention the same reason you provided for being unaware of the Maternity Leave eligibility, etc.

Then approach HR to request Maternity Leave. It can be frustrating to work with managers who are perceived as heartless or within an organization that lacks mechanisms to support such situations. Bring this matter up. Until the relieving date, you have the option to withdraw your resignation, as it is solely an internal policy. Seek assistance from HR.

Legal Implications of Resignation During Pregnancy

Legally speaking, since you have resigned and are no longer an employee, the Maternity Benefit Act protects you from being fired during pregnancy, but there is no provision to protect you if you have resigned.

The law provides that you will be given 24 weeks of paid leave during pregnancy and post-delivery. However, since you have resigned and are being relieved before delivery, you will not be eligible for it.

Options After Resignation

You may try to withdraw your resignation. However, since it has already been accepted, withdrawal is at the discretion of the company. You can address the matter with HR and the top management of the company. If they allow you to withdraw the resignation, then communicate with HR and adhere to the rules.

The act now encourages flexible timing and work from home where possible.

Consequences of Not Withdrawing Resignation

If the resignation is not withdrawn, then there is little you can do. You may have been misled into resigning, but choosing to do so instead of seeking advice from others and HR is your responsibility. The only option thereafter is a legal route, which is costly, stressful, and offers no guarantee of the desired relief.