My wife works in an import-export registered firm, and she has been working there since August 2014. She has completed 14 months with the organization. She is currently expecting and is in her 7th month; her due date is around January 15, 2017. Considering this, she verbally informed the office about her pregnancy approximately 2 months after conceiving. She also informed the organization that she would be taking leave from December 15th to February 15th, 2017.
Recently, it was discovered that a replacement has already been hired for her position, and she was verbally notified that she needs to leave the office by November 30, 2016, as the new resource has been hired. She expressed to her manager that she does not wish to leave as she intends to rejoin the office in February 2017. However, the office made it clear that due to concerns about potential complications during her delivery, they have hired a replacement.
When she initially notified the company about her pregnancy, she was informed that she would be entitled to 3 months of unpaid leave, to which she agreed due to our need for the job.
Lately, individuals from HR and finance have been pressuring her to make a decision to leave immediately, occasionally presenting her with counts of prorated leave days, indicating that only 1 leave day remains, among other things.
This situation has caused her to experience depression as it directly impacts her career. As her husband, I understand that this is not the right time for her to endure mental pressure and deal with these issues.
Regarding a Few Questions:
- The absence of a maternity leave policy in the company is not acceptable.
- Should she resign immediately or work until November 30th? As her husband, I strongly oppose immediate resignation.
- Asking her to resign after agreeing to 3 months of unpaid leave seems unfair.
I am unsure about what steps to take next, whether to file a legal complaint or not. The treatment she is receiving feels like harassment. I kindly ask for your advice on the available options for us to consider moving forward.
Regards,
Chetan Sharma
From India, Noida
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Recently, it was discovered that a replacement has already been hired for her position, and she was verbally notified that she needs to leave the office by November 30, 2016, as the new resource has been hired. She expressed to her manager that she does not wish to leave as she intends to rejoin the office in February 2017. However, the office made it clear that due to concerns about potential complications during her delivery, they have hired a replacement.
When she initially notified the company about her pregnancy, she was informed that she would be entitled to 3 months of unpaid leave, to which she agreed due to our need for the job.
Lately, individuals from HR and finance have been pressuring her to make a decision to leave immediately, occasionally presenting her with counts of prorated leave days, indicating that only 1 leave day remains, among other things.
This situation has caused her to experience depression as it directly impacts her career. As her husband, I understand that this is not the right time for her to endure mental pressure and deal with these issues.
Regarding a Few Questions:
- The absence of a maternity leave policy in the company is not acceptable.
- Should she resign immediately or work until November 30th? As her husband, I strongly oppose immediate resignation.
- Asking her to resign after agreeing to 3 months of unpaid leave seems unfair.
I am unsure about what steps to take next, whether to file a legal complaint or not. The treatment she is receiving feels like harassment. I kindly ask for your advice on the available options for us to consider moving forward.
Regards,
Chetan Sharma
From India, Noida
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Maternity Leave Entitlements and Application Process
A woman employee who has already completed 14 months of service is definitely entitled to paid leave for 84 days and Rs 5000 as a medical bonus as prescribed under the Maternity Benefit Act. Replacement for the days she is not working is the responsibility of the employer, but once she returns from maternity leave, she should be given employment. Therefore, you need not tender resignation nor ask for leave without pay. The employer cannot deny these benefits, and if denied, the consequences will be severe. This could even lead to harassment of the woman employee.
Therefore, first apply for maternity leave following Section 6 of the Maternity Benefit Act, 1961. I am not sure if there is any form prescribed other than Form E, which is meant for Mines or Circus, but in general, it can be as follows:
FORM E
[See rule 5(1)]
NOTICE UNDER SECTION 6 OF THE MATERNITY BENEFIT ACT, 1961
To ………(name of employer)
I, ………(name of woman employee), wife/daughter of ………, employed as ………, do hereby give notice that:
1. I expect to be confined within six weeks following the date of this notice/have given birth to a child on ………(date) and shall be absent from work from ………(date). I shall not work in any establishment during the period for which I receive maternity benefit.
2. For the purpose of section 7, I hereby nominate ……… (here enter name and address of the nominee) to receive maternity benefit and/or any other amount due to me under the Act in case of my death.
Date ……… Signature of woman employee
This application will become a formal intimation of pregnancy and a request for maternity leave. HR cannot simply reject the application when it is submitted in the formal format quoting the relevant sections and rules. Therefore, you may send the same as soon as possible and wait for the reply. If the employer remains negative, she can raise it as an industrial dispute before the Labour Officer. However, I don't think that would be necessary, and the matter will likely be settled before that.
Regards,
Madhu.T.K
From India, Kannur
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4526A woman employee who has already completed 14 months of service is definitely entitled to paid leave for 84 days and Rs 5000 as a medical bonus as prescribed under the Maternity Benefit Act. Replacement for the days she is not working is the responsibility of the employer, but once she returns from maternity leave, she should be given employment. Therefore, you need not tender resignation nor ask for leave without pay. The employer cannot deny these benefits, and if denied, the consequences will be severe. This could even lead to harassment of the woman employee.
Therefore, first apply for maternity leave following Section 6 of the Maternity Benefit Act, 1961. I am not sure if there is any form prescribed other than Form E, which is meant for Mines or Circus, but in general, it can be as follows:
FORM E
[See rule 5(1)]
NOTICE UNDER SECTION 6 OF THE MATERNITY BENEFIT ACT, 1961
To ………(name of employer)
I, ………(name of woman employee), wife/daughter of ………, employed as ………, do hereby give notice that:
1. I expect to be confined within six weeks following the date of this notice/have given birth to a child on ………(date) and shall be absent from work from ………(date). I shall not work in any establishment during the period for which I receive maternity benefit.
2. For the purpose of section 7, I hereby nominate ……… (here enter name and address of the nominee) to receive maternity benefit and/or any other amount due to me under the Act in case of my death.
Date ……… Signature of woman employee
This application will become a formal intimation of pregnancy and a request for maternity leave. HR cannot simply reject the application when it is submitted in the formal format quoting the relevant sections and rules. Therefore, you may send the same as soon as possible and wait for the reply. If the employer remains negative, she can raise it as an industrial dispute before the Labour Officer. However, I don't think that would be necessary, and the matter will likely be settled before that.
Regards,
Madhu.T.K
From India, Kannur
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Advice given by the learned member, Shri Madhu, is correct. In case of further harassment, the Labour Officer of the district is always available for complaints.
This Act is a social welfare act, and the company cannot pressure anyone to leave or take unpaid leave, etc.
From India, Pune
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This Act is a social welfare act, and the company cannot pressure anyone to leave or take unpaid leave, etc.
From India, Pune
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I too had faced the problem in one of the Pune companies. Despite the policy, they had stopped payment for the third month of maternity leave. Moreover, they kept pressuring me to come to work even when work from home was granted.
From India, Hyderabad
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From India, Hyderabad
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Agreed with Madhu TK, an employer can deny maternity benefits to its employee in any respect after completion of 84 days of service. If the employer is still in denial mode, you may contact the office of the labor department immediately to seek justice.
Thanks & regards,
Sumit Kumar Saxena
From India, Ghaziabad
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Thanks & regards,
Sumit Kumar Saxena
From India, Ghaziabad
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Do you think Chetan Sharma's wife approaching the Local Chapter of the Women's Commission in parallel would also help expedite the resolution, or do you think it will sidetrack the whole issue?
@ Chetan Sharma — I think your wife made a mistake by not putting the developments in writing. It's also not clear whether the company notified her that she would get 3 months' leave and that these would be unpaid leaves, either verbally or in writing. If the company's notification is in writing, then you surely have a strong foundation. If not, I suggest modifying the draft suggested by Madhu TK slightly to ensure that the past verbal communications are all put into writing at least now, to ensure you have written records of what transpired in case the issue goes to the Labor Officer.
All the Best.
Regards,
TS
From India, Hyderabad
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@ Chetan Sharma — I think your wife made a mistake by not putting the developments in writing. It's also not clear whether the company notified her that she would get 3 months' leave and that these would be unpaid leaves, either verbally or in writing. If the company's notification is in writing, then you surely have a strong foundation. If not, I suggest modifying the draft suggested by Madhu TK slightly to ensure that the past verbal communications are all put into writing at least now, to ensure you have written records of what transpired in case the issue goes to the Labor Officer.
All the Best.
Regards,
TS
From India, Hyderabad
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You should ask your wife to forget about any discussions she had with her seniors or colleagues regarding her maternity leave. She does not need to worry about her maternity leave at this crucial juncture; instead, she should focus on the future. Kindly advise her to submit a formal leave application to her reporting authority, with a CC to others, clearly stating her desire to take leave from --- to ---. Avoid mentioning any laws or rules in this application. Instruct her to wait for a few days, and if she does not receive a written reply, she should send a reminder marked as "reminder." If there is still no response after the reminder, she may send the same application again marked as "2nd reminder" and copy it to a) the labor officer, b) the Human Rights Commission, and c) the Women's Rights Commission. I am confident that taking these steps will be beneficial for your wife, and whatever the outcome, she should proceed with taking leave as scheduled. I recommend that you start looking for a new job for your wife, even if her leave is approved. Any legal battles can be fought after the baby is born, as this is not the right time, physically or mentally, to be involved in such matters.
Best of luck.
From India, Kolkata
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Best of luck.
From India, Kolkata
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As per law the women employees are entitled for leaves. please ask her to write to them and lets see what they reply
From India, Madras
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From India, Madras
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Where do women's rights commission and human rights commission come into play? Here, it is a question of a woman being on maternity leave, which is purely a matter to be taken up with the local labor officer if the company fails to follow the law. Bringing any other angle will not be in order and will sidetrack the main issue.
From India, Pune
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From India, Pune
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As an HR Officer, I agree with Mr. Asru J's opinion that it is better to resolve the issue through discussion rather than legal proceedings. It appears that everything was based on verbal discussion only, as there was no formal letter or leave application submitted.
Proceeding with Firm's Procedures
What I am suggesting is to please proceed with the firm's procedures, which may vary depending on the firm's policies. The most important thing to consider is that if legal action is pursued, it may lead to disruptions. If the company decides to allow her to continue, she might feel uncomfortable working in the same environment.
Regards
From India, Chennai
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Proceeding with Firm's Procedures
What I am suggesting is to please proceed with the firm's procedures, which may vary depending on the firm's policies. The most important thing to consider is that if legal action is pursued, it may lead to disruptions. If the company decides to allow her to continue, she might feel uncomfortable working in the same environment.
Regards
From India, Chennai
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I believe nobody has suggested going legal at the first instance itself, but has only advised to get everything done in black and white. That was why I posted an application which is expected to be in the formal format. There is a significant difference between applying for leave in a formal format to the employer and representing the matter before the controlling/appropriate authority. The latter should be resorted to only when the former fails to elicit any response.
If the organization has an empowered HR person at the top of the HR department, then there would be no conversations like refusing maternity leave or asking an employee to take leave without pay. Such scenarios have occurred in many companies, and these companies remain employee-friendly organizations among many of us due to the fact that the denial of rights is not objected to by the employees.
Still, I don't know if my 30 years of experience in Personnel/Industrial/HR Management.
Regards,
Madhu.T.K
From India, Kannur
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If the organization has an empowered HR person at the top of the HR department, then there would be no conversations like refusing maternity leave or asking an employee to take leave without pay. Such scenarios have occurred in many companies, and these companies remain employee-friendly organizations among many of us due to the fact that the denial of rights is not objected to by the employees.
Still, I don't know if my 30 years of experience in Personnel/Industrial/HR Management.
Regards,
Madhu.T.K
From India, Kannur
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