I work as a Manager - HR and handle all HR activities, reporting to the owner/MD of a manufacturing setup in Pune. I joined in July 2018 and was confirmed in February 2019. I informed about my pregnancy in written and oral format in the 2nd month of pregnancy itself. My employer verbally asked me to resign since my doctor advised me to rest at home for the entire pregnancy. I did not wish to resign and informed them that I am okay to work from home, but that option was denied to me. I have been on unpaid leave since July until I can apply for maternity leave. I have submitted the required medical certificates. All my company assets were requested to be surrendered even though I was on leave.
Over email, I was assured that I would be entitled to Maternity Benefits as per the law. However, when I applied for maternity leave in my 7th month, I was told to apply 8 weeks before the due date. Later, I received a letter asking me to return to work within 2 days in my 7th month. I reiterated that my medical condition does not allow me to travel. In response, the employer sent me a termination letter stating they cannot keep my position vacant for long and are terminating my employment.
I find this situation unfair as I have consistently informed them about my condition, and they had confirmed in an email that I would receive maternity benefits. I am unsure of what steps to take next, especially considering the employer's significant power and authority to manipulate the situation.
From India, New Delhi
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Over email, I was assured that I would be entitled to Maternity Benefits as per the law. However, when I applied for maternity leave in my 7th month, I was told to apply 8 weeks before the due date. Later, I received a letter asking me to return to work within 2 days in my 7th month. I reiterated that my medical condition does not allow me to travel. In response, the employer sent me a termination letter stating they cannot keep my position vacant for long and are terminating my employment.
I find this situation unfair as I have consistently informed them about my condition, and they had confirmed in an email that I would receive maternity benefits. I am unsure of what steps to take next, especially considering the employer's significant power and authority to manipulate the situation.
From India, New Delhi
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Understanding Maternity Benefits Under the Maternity Benefit Act, 1961
Since the poster seems to have been employed in a managerial capacity, I will restrict my reply to her maternity benefits under the Maternity Benefit Act, 1961 only. Every employer holds power and authority over their employees, but this does not exempt them from the laws of the land.
Restrictions on Termination During Pregnancy
Regarding the unilateral termination of a pregnant employee's services by the employer, Section 12 of the Maternity Benefit Act, 1961 imposes certain restrictions. Section 12(2)(a) explicitly states that discharging or dismissing a woman during her pregnancy shall not result in depriving her of maternity benefits or medical bonuses. If there is any such deprivation of maternity benefits, Section 12(2)(b) allows the employee to appeal before the Authority under the Act (typically an inspector) within 60 days.
From India, Salem
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6108Since the poster seems to have been employed in a managerial capacity, I will restrict my reply to her maternity benefits under the Maternity Benefit Act, 1961 only. Every employer holds power and authority over their employees, but this does not exempt them from the laws of the land.
Restrictions on Termination During Pregnancy
Regarding the unilateral termination of a pregnant employee's services by the employer, Section 12 of the Maternity Benefit Act, 1961 imposes certain restrictions. Section 12(2)(a) explicitly states that discharging or dismissing a woman during her pregnancy shall not result in depriving her of maternity benefits or medical bonuses. If there is any such deprivation of maternity benefits, Section 12(2)(b) allows the employee to appeal before the Authority under the Act (typically an inspector) within 60 days.
From India, Salem
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Thank you so much for the response. I agree with the fact that no employer has the right to go against the laws. I have proceeded with filing a legal notice and will soon also take this up with the Labor office.
However, apart from the compensation, can I file a case of harassment during pregnancy? I had to go through a lot of turmoil and stress when doctors advised me bed rest and a stress-free environment.
From India, New Delhi
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However, apart from the compensation, can I file a case of harassment during pregnancy? I had to go through a lot of turmoil and stress when doctors advised me bed rest and a stress-free environment.
From India, New Delhi
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I sent them a legal notice to withdraw the termination letter and provide me with the maternity benefit. However, they did not respond to it. Later, I filed a complaint in the Labor Office in Pune. A meeting happened with their representative, but they denied all allegations. Due to the current COVID-19 situation, the case is on hold, but I am going ahead with the civil court for my right.
From India, New Delhi
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From India, New Delhi
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Dear Madam,
Thank you for the update. Regarding the denial of maternity benefits, the Labour Department is concerned. To proceed with seeking relief for the illegal termination, it is essential to provide details such as your designation, salary, job responsibilities, appointment terms, and conditions. Please share the developments for the information of the members.
Best Wishes
From India, New Delhi
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Thank you for the update. Regarding the denial of maternity benefits, the Labour Department is concerned. To proceed with seeking relief for the illegal termination, it is essential to provide details such as your designation, salary, job responsibilities, appointment terms, and conditions. Please share the developments for the information of the members.
Best Wishes
From India, New Delhi
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Termination During Pregnancy: Seeking Advice
I did mention in my first post that my designation is Manager - HR. I was heading the HR department and reporting directly to the owner/MD of the company. I was a confirmed employee, and as per my appointment letter and all legal aspects, I was entitled to maternity benefits. I shared medical certificates with them on a monthly basis. I have all the communication with them over email as well, where they wrote that I shall be entitled to maternity benefits as per the law.
However, in my 7th month of pregnancy, they simply sent a letter over email terminating my services, stating they cannot keep my position vacant for long. I have been on unpaid leave since July 2019. It was totally unprofessional and illegal for them to act in such a way. Hence, post lockdown, I shall be taking the case further.
From India, New Delhi
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I did mention in my first post that my designation is Manager - HR. I was heading the HR department and reporting directly to the owner/MD of the company. I was a confirmed employee, and as per my appointment letter and all legal aspects, I was entitled to maternity benefits. I shared medical certificates with them on a monthly basis. I have all the communication with them over email as well, where they wrote that I shall be entitled to maternity benefits as per the law.
However, in my 7th month of pregnancy, they simply sent a letter over email terminating my services, stating they cannot keep my position vacant for long. I have been on unpaid leave since July 2019. It was totally unprofessional and illegal for them to act in such a way. Hence, post lockdown, I shall be taking the case further.
From India, New Delhi
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