I was pressured to resign when I was 21 weeks pregnant, and they gave me a notice period of 2 months. I would like to know whether I am entitled to receive my maternity leave benefit pay and whether I can claim it now. Please help.
Also, I would like to have legal information supporting my question above. Thanks!
From India, Delhi
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1Also, I would like to have legal information supporting my question above. Thanks!
From India, Delhi
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Unethical Practices Towards Pregnant Employees
Some companies resort to unethical practices towards female employees when they are pregnant. Did you know that even some reputed companies ask for a pregnancy test before appointing female candidates?
In your case, you have resigned (whether it was forced or voluntary), and the employer-employee relationship ceased to exist by the time you qualified for maternity benefits. Unfortunately, you will not receive any benefits after your departure. The consolation is that you received at least N.P. compensation.
Regards,
Pon
From India, Lucknow
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Some companies resort to unethical practices towards female employees when they are pregnant. Did you know that even some reputed companies ask for a pregnancy test before appointing female candidates?
In your case, you have resigned (whether it was forced or voluntary), and the employer-employee relationship ceased to exist by the time you qualified for maternity benefits. Unfortunately, you will not receive any benefits after your departure. The consolation is that you received at least N.P. compensation.
Regards,
Pon
From India, Lucknow
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Before you have to resign, you are eligible for 84 days of leave with full wages legally, as per the Maternity Benefit Act.
As you mentioned that they pressured you to resign, you should ask them to provide a written reason for requesting your resignation.
Legally, you can file a case against them, contact the labor inspector, and explain your situation.
If you have already resigned, you are not entitled to any benefits.
From India, Mumbai
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As you mentioned that they pressured you to resign, you should ask them to provide a written reason for requesting your resignation.
Legally, you can file a case against them, contact the labor inspector, and explain your situation.
If you have already resigned, you are not entitled to any benefits.
From India, Mumbai
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I believe that since I was forced to resign, and as per the Maternity Benefit Act, I am entitled to receive my maternity pay even if I resign. If I have worked with the organization for more than 80 days, then I am entitled to the maternity pay. Can someone help me figure this out legally?
From India, Delhi
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From India, Delhi
Acknowledge(0)Amend(0)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.
Legal Clarification on Absconding Employee, Contract Labour Engagement & Leave Entitlement Ammen.pdf
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(Fact Checked)-If you can prove that you were forced to resign due to your pregnancy, you may have legal recourse. Seek advice from an employment lawyer. (1 Acknowledge point)