Facing Job Uncertainty Before Maternity Leave: How Can I Secure My Benefits and Position?

Hello expert, I want clarity and instruction about maternity leave. I am an employee in an MNC company for 4 years. I plan to start my maternity leave in the first week of September 2022. However, my company failed to renew the project I am working on, and the project's end date is 31st August 2022. The company has issued a redeployment letter with a 90-day notice starting from 2nd August 2022. According to this letter, I can be reassigned to another project, or my service will end on 30th October 2022.

When I approached HR, they mentioned that they cannot provide me with full maternity benefits as they have already given me notice. I am only given one month, instead of the 90 days, to find another project. I am concerned that no other project will hire me knowing that I will be going on maternity leave in a month, as they might not want to bear the expenses.

How can I ensure that I receive full maternity benefits and also keep my job?

This is a violation of the Maternity Benefit Act of 1961. A complaint to the Labour Officer of the local area where your unit is located would bring them to their senses and prompt them to act in accordance with the law. Before doing so, you can submit a formal application citing the pregnancy and request the benefits entitled to you by law.

Dear Anonymous Citehr Member,

At the outset, I wish you the best of fortune and excellent health as you enter a new phase of precious motherhood in your life. Please take care to maintain good health and minimize mental botheration. Doing so will bring you happiness and better luck in your future prospects.

Before I offer my professional opinion on your query, I want to reference the universal saying that "Everything happens for the best." Therefore, let us find contentment within ourselves as patience is key to achieving success in life.

Regarding your query

It appears that you are currently on a contractual employment basis, which is renewable based on project availability. Unfortunately, the company has not been able to secure a renewal for the project you are working on, and the end date is set for August 31, 2022. You have been given a 3-month notice for reassignment or termination. However, you are planning to take Maternity Leave (ML) starting in September 2022, indicating that you are in the advanced stage of pregnancy.

It is unclear whether you have formally applied for ML in writing or if it was discussed informally with HR. Since you have already received a notice, you can provide consent for reassignment to another project starting from September 1, 2022, while also submitting a formal ML application in writing or via email. Request a written response from HR and remember to maintain a courteous and polite tone in your communication.

Filing a complaint with the Labor Department is within your legal rights but may lead to a prolonged dispute with the company. While you may win the legal battle, it might not reflect positively on your future employment prospects.

I recommend focusing on your impending motherhood and letting go of worries and fears. Embrace the arrival of the newcomer as they bring better luck into your life.

Once you receive HR's response to your ML application, feel free to reach out to me for guidance on the next steps.

Wishing you and your family divine blessings.

Regards, Chandramani Lal Srivastava

Understanding Maternity Benefits Under the Maternity Benefit Act, 1961

The cause of action giving rise to a claim for maternity benefit under the Maternity Benefit Act, 1961, by a woman in continuous employment of not less than 80 days during the preceding 12-month period in the establishment is delivery, medical termination of pregnancy, or miscarriage. As per the definition clause u/s 3(h) of the Act, "maternity benefit" is the leave of absence with wages as set out in section 5(1) of the Act, which is, of course, different concerning the nature of the cause of action for the claim. Therefore, to stake a claim for maternity benefit under the Act, the woman must be in the service of the establishment on the date of the cause of action for the claim. This is the legal position in normal circumstances.

Special Circumstances Under Section 12 of the Act

However, the provisions of section 12 of the Act envisage certain special circumstances involving the termination of employment of the pregnant woman at the instance of her employer by way of dismissal or discharge. Section 12(1) imposes a blanket ban on any orders of dismissal or discharge of the woman or any notice thereof when she is already absent from work according to the provisions of the Act. Section 12(2)(a) of the Act extends a concession that the woman shall not be deprived of her maternity benefit if she happens to be dismissed or discharged anytime during her pregnancy.

Implications for Fixed-Term Contract Employees

The narrative of the thread compels one to indulge in a presumption that the poster was not a regular employee of the MNC but only a project-based fixed-term contract employee. What I am able to understand is that only if the poster is not willing to accept the redeployment arranged by the MNC, her services would come to an end on 30-10-2022. Therefore, not being carried away by the informal observation of the HR about the proportionate maternity benefit, first, the poster can just give her willingness for redeployment. Perhaps, the HR might have misread the employment benefits available to an employee on an FTC basis. Maternity Benefit of 26 weeks leave of absence with wages for delivery should be granted in full and not on a proportionate basis.

By doing as suggested above, you can take the protection of the entire provisions of section 12 of the Maternity Benefit Act, 1961, in the event of denial.

Dear Experts,

Thank you for your valuable inputs. Below is more clarification about the situation:

I am a confirmed/permanent employee of the company and have been working for 3.5 years on one project, or you could say a customer of the company. The company is offering enrollment for another project based on availability, but I am only given 30 days to obtain availability information, undergo an internal interview, and be assigned, instead of the usual 90 days.

I will definitely try my best to be reallocated to another project, but I am concerned about being accepted as I will be going on leave in a month. There are 12 team members looking for relocation as well, so they may be given priority based on my assumption, as I would represent an additional cost for the new project.

I am planning to write to HR to request full maternity leave benefits. I will update you here once I receive a reply from HR.

Thank you

Dear Anonymous Cithr Member,

Your reply clarifies that you are a confirmed employee assigned to the company's customer project. Since the current customer project is ending, the company has offered you the opportunity to work on another project. If you do not consent to the reassigned project, your job will be terminated. I have already advised you to give your consent to accept the new assignment as soon as possible, if you haven't already. Do not worry about why the new project will cover your costs. It is the company's responsibility to allocate your salary and other costs appropriately to maintain your employment during your Maternity Leave. You do not need to concern yourself with this.

Regarding your belief that you have only a 30-day notice period instead of a 90-day notice period, you are correct, but you do not need to worry. It is up to the company to decide how and when you can be deployed on the new assignment, considering you will be on Maternity Leave from September 2022. You are entitled to 26 weeks of paid absence from duty (in addition to your normal leave entitlements), which the company is obligated to grant and pay you wages for. Therefore, you should apply for leave immediately in writing, as I previously suggested, and await a response from HR. The next steps will depend on HR's reply.

Please note that you must submit a maternity leave application along with a medical certificate showing your Expected Delivery Date (EDD).

With best wishes,

Regards, Chandramani Lal Srivastava

Dear Experts, I asked HR for maternity leave, and her reply is below. Please suggest.

As per the Redeployment policy, your last working date with the company is 30th Oct 2022. Redeployment is very similar to giving the 90 days' notice period to the associates. During the redeployment process, if you choose to go on maternity leave, you can do so, but the maternity leave will be discontinued on your last working date, i.e., 30th Oct 2022.

In case you are selected for another team through an Internal Job Posting (IJP), we can help facilitate your transfer there and request the hiring manager to wait for you to complete your maternity leave before joining back the team.

I hope I was able to clarify your doubts here.

Dear Anonymous Citehr Member,

First of all, I request you to acknowledge by validating the opinion/advice given by the Citehr Professional Experts, which you think appropriately answers your query. Your validation will be a motivation for the experts who selflessly devote time to impart professional advice to your query.

The reply from HR, as posted by you, is not compliant with the relevant law, i.e., the Maternity Benefit Act 1961. Therefore, there is potential for correction in the HR reply at the higher level of management, provided the terms and conditions of your appointment letter do not contain any exception clause. It is important to review your appointment letter containing the terms and conditions of service, the notice given to you by the company, and the HR reply. I would request you to mail a copy of these documents for more pointed and appropriate advice. You do not have to pay any fee for this advice. Contact number and email ID are given below.

With best wishes,

Chandramani Lal Srivastava
Master Consultant
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New Delhi/Monday/08.08.2022/11:15pm