A friend of mine is in her first trimester of pregnancy and is experiencing issues, requiring her to be admitted to the hospital once a week. As a result, her doctor has advised her to have complete bed rest for some days. Consequently, she has been absent from the office for almost a month now.
Recently, she received an email from the company stating that she should go on maternity leave for 90 days, and afterward, she should resign and contact HR when she wishes to return.
Please advise on what she should do in this situation.
From India, Mumbai
Recently, she received an email from the company stating that she should go on maternity leave for 90 days, and afterward, she should resign and contact HR when she wishes to return.
Please advise on what she should do in this situation.
From India, Mumbai
Illegal Stand by Company on Maternity Leave
The stand by the company is totally wrong and illegal. The company cannot compel any female employee to proceed on maternity leave during the first trimester of pregnancy and resign afterward, so that the employer-employee relationship is suspended during her later stages of pregnancy and thereafter.
Your friend needs to make a representation to the top management of the company. If the management doesn't listen to her, she should give a legal notice to the company. She can also approach the local women's commission and the Labor Commissioner's Office through her representative.
Please note that your friend is entitled to additional paid leave for a period of one month apart from maternity leave since she is suffering from an illness arising out of pregnancy.
Regards
From India, Mumbai
The stand by the company is totally wrong and illegal. The company cannot compel any female employee to proceed on maternity leave during the first trimester of pregnancy and resign afterward, so that the employer-employee relationship is suspended during her later stages of pregnancy and thereafter.
Your friend needs to make a representation to the top management of the company. If the management doesn't listen to her, she should give a legal notice to the company. She can also approach the local women's commission and the Labor Commissioner's Office through her representative.
Please note that your friend is entitled to additional paid leave for a period of one month apart from maternity leave since she is suffering from an illness arising out of pregnancy.
Regards
From India, Mumbai
CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.