Dear All,
I request your advice on Maternity Benefits upon Termination by Employer. The case is as follows: a woman who had been working with the Employer for the last 20 months was suddenly instructed by the Employer not to come to the office the next day and was asked to send a resignation email from outside the office. The reason provided was that the market is down (Recession), and she is 6 months pregnant.
Is it permissible for any Employer to treat an Employee in such a manner? Furthermore, they are now stating that no maternity benefits will be provided, including Medical Insurance. Is this action legal? According to the Maternity Act, an Employer cannot terminate a pregnant woman during her job tenure once they are aware of her pregnancy. If the Employer still wishes to terminate her, they are obligated to pay all Termination Benefits, Maternity Benefits, or a payment in lieu until the date of her confinement.
If this situation occurs, please advise on how one can request the Employer for Maternity Benefits and Termination benefits in case the Employer refuses to provide them.
Thank you,
Ashi Ojha
From India, Gurgaon
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1I request your advice on Maternity Benefits upon Termination by Employer. The case is as follows: a woman who had been working with the Employer for the last 20 months was suddenly instructed by the Employer not to come to the office the next day and was asked to send a resignation email from outside the office. The reason provided was that the market is down (Recession), and she is 6 months pregnant.
Is it permissible for any Employer to treat an Employee in such a manner? Furthermore, they are now stating that no maternity benefits will be provided, including Medical Insurance. Is this action legal? According to the Maternity Act, an Employer cannot terminate a pregnant woman during her job tenure once they are aware of her pregnancy. If the Employer still wishes to terminate her, they are obligated to pay all Termination Benefits, Maternity Benefits, or a payment in lieu until the date of her confinement.
If this situation occurs, please advise on how one can request the Employer for Maternity Benefits and Termination benefits in case the Employer refuses to provide them.
Thank you,
Ashi Ojha
From India, Gurgaon
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Hi Ashi,
If the pregnant employee has worked for more than 80 days in the organization, it is binding on the employer to pay for her maternity benefits as per the Maternity Benefit Act. I am not sure about your role in this case. If you are in HR, it is your responsibility to inform your management about the Act and advise them to pay her the maternity benefits, including a bonus. Put all these things in writing and also get the reply in writing. This will safeguard you in case this action by the employer is noticed by the authorities.
If you are a friend of such an employee, and she has not resigned, advise her not to resign. Let the organization provide her with a termination letter. Additionally, even if they terminate her, apart from the termination benefits as per the company policy and appointment letter, she should demand the maternity benefits in writing from the organization, and the organization should reply to it. The demand can be made by registered AD post. If the management still does not provide it, approach the labor court for the rightful claim.
If you are the employer - PLEASE DO NOT DO IT.
From India, Mumbai
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If the pregnant employee has worked for more than 80 days in the organization, it is binding on the employer to pay for her maternity benefits as per the Maternity Benefit Act. I am not sure about your role in this case. If you are in HR, it is your responsibility to inform your management about the Act and advise them to pay her the maternity benefits, including a bonus. Put all these things in writing and also get the reply in writing. This will safeguard you in case this action by the employer is noticed by the authorities.
If you are a friend of such an employee, and she has not resigned, advise her not to resign. Let the organization provide her with a termination letter. Additionally, even if they terminate her, apart from the termination benefits as per the company policy and appointment letter, she should demand the maternity benefits in writing from the organization, and the organization should reply to it. The demand can be made by registered AD post. If the management still does not provide it, approach the labor court for the rightful claim.
If you are the employer - PLEASE DO NOT DO IT.
From India, Mumbai
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Hi everyone! Please help me. I've been working for the company for 3 years now. Presently, I am 4 months pregnant and I got my termination letter last week (June 11) due to recession, effective June 30. I've already filed my maternity to the HR for SSS benefits a month ago before I received the termination letter.
I would like to ask, if my maternity benefits should be included in the computation for my last pay? Thanks for those who will reply!
From Philippines, Makati
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I would like to ask, if my maternity benefits should be included in the computation for my last pay? Thanks for those who will reply!
From Philippines, Makati
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Right to payment of maternity benefits.doc
Maternity Benefits Act 1961.pdf