Hi:
A Friend of mine is in her first Trimester Pregrancy, and having issues(once a week getting admitted); so doctor has asked her complete bed rest for some days. So, its almost a month she is not attending office.
And now she has got a mail from company saying you go on maternity leave for 90 days, and then you resign and come back to HR when you want to join.
Please suggest what should she do
From India, Mumbai
31A Friend of mine is in her first Trimester Pregrancy, and having issues(once a week getting admitted); so doctor has asked her complete bed rest for some days. So, its almost a month she is not attending office.
And now she has got a mail from company saying you go on maternity leave for 90 days, and then you resign and come back to HR when you want to join.
Please suggest what should she do
From India, Mumbai
Dear Gladys,
The stand by Company is totally wrong and illegal. Company can not compel any female employee to proceed on maternity leave during first Trimester Pregnancy and resign afterwards so that employer employee relationship is suspended during her later stages of pregnancy and thereafter.
Your friend needs to make representation to the top management of the company. If the management doesn't listen to her, she should give legal notice to the company. She can also approach local women commission and Labour Commissionarate Office through her representative.
Please also be noted that your friend is entitled to additional paid leave for the period of one month apart from maternity leave since she is suffering from illness arising out of pregnancy.
From India, Mumbai
The stand by Company is totally wrong and illegal. Company can not compel any female employee to proceed on maternity leave during first Trimester Pregnancy and resign afterwards so that employer employee relationship is suspended during her later stages of pregnancy and thereafter.
Your friend needs to make representation to the top management of the company. If the management doesn't listen to her, she should give legal notice to the company. She can also approach local women commission and Labour Commissionarate Office through her representative.
Please also be noted that your friend is entitled to additional paid leave for the period of one month apart from maternity leave since she is suffering from illness arising out of pregnancy.
From India, Mumbai
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Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf