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Hi,

I am working as a Regional Manager for a private bank. Recently, there was a lady employee who wanted to go on maternity leave. She was working as a Manager of Customer Service at one of our branches. As you all would be aware, in private banks, the branch banking staff would be very limited.

Now, the problem is that as per the Maternity Benefit Act, that lady employee is eligible for leave, but the branch manager says that he cannot manage the branch without his MCS (that lady) as she was second in command in that branch. Also, we were not finding any replacement from any of our other branches. The situation now is that the branch manager is asking that lady employee to resign so that he can get a new replacement in her place.

Please let me know how the HR person has to react in such a situation. Should the business be given the priority or the employee.

Regards,
Harsha.

From India
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Dear Harsha,

It is hereby advised to go through section 12 of the Maternity Benefit Act, 1961 before taking any action or decision in the matter.

Regards,
R.N. Khola
Labour Law & Legal Consultants
09810405361

From India, Delhi
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