Can an organization serve a notice of discharge (3 months' notice) at a time when a woman is on maternity leave? For example, imagine a woman is on maternity leave from Dec 1st to March 1st, and an organization serves her a notice of discharge on Jan 1st (ending on April 1st). Is it allowed?
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Please note here that almost 2 months notice period coincides with the maternity leave for the employee.
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Under the act, you can not terminate any employee while she is on maternity leave, or during the time of pregnancy. So, you will need to issue the notice on end of the maternity period
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2508From India, Mumbai
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Please elaborate on your query. You have mentioned that the notice of discharge is from 1st Jan to 1st April (3 months) and the female employee is on maternity leave from 1st Dec to 1st March (3 months). Please explain on what grounds or reason the 3 months' notice is being discharged. This information will help provide you with an appropriate viewpoint by the forum members.
From India, Ahmadabad
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Maternity Benefit Act: Protection Against Termination
The employer cannot terminate employment during the period of Maternity Benefit, which includes 6 weeks before the expected date of delivery and 6 weeks after delivery. Additionally, there is another 30-day protection if the woman is suffering from sickness due to pregnancy or delivery. This is in accordance with the Maternity Benefit Act.
The employee can lodge a complaint with the Inspector appointed under the Act by the appropriate Government (State/Central).
From India, Chandigarh
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The employer cannot terminate employment during the period of Maternity Benefit, which includes 6 weeks before the expected date of delivery and 6 weeks after delivery. Additionally, there is another 30-day protection if the woman is suffering from sickness due to pregnancy or delivery. This is in accordance with the Maternity Benefit Act.
The employee can lodge a complaint with the Inspector appointed under the Act by the appropriate Government (State/Central).
From India, Chandigarh
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My reading of the act is that you cannot terminate an employee for the entire period of pregnancy and for 6 weeks thereafter. Once her maternity benefit period is over, you can terminate, subject naturally to other provisions of the law.
From India, Mumbai
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I agree with Mr. Banerjee, but my question to the query raiser is whether the notice of discharge is against the Maternity Benefits (MB), or is it the notice of discharge of Maternity Leave. The query raiser states that the notice of discharge is for 3 months and not termination from employment.
From India, Ahmadabad
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Thanks, everyone, for your views. The notice of discharge states that since the organization decided to close down a part of the department, they are providing a notice period of 3 months. After that period, they will be relieved from the job. However, the 3-month period begins during the maternity leave and concludes approximately 15 days after the maternity leave. Is this permissible according to the law?
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Employment termination justified in case of long leave.pdf
Maternity Leave Policy - posting.doc