Seeking advice on maternity benefit-related queries
I am working as an Assistant Manager-HR with an agro-based manufacturing company. I am 3 months pregnant. I have completed 6.5 months with the company and was supposed to be confirmed on 15th July '18 after completing 6 months with the company. However, my company has extended my probation by another 3 months and is asking me to resign to deprive me of maternity benefits. As per company policy, only permanent employees and seasonal roll employees are eligible for MB.
Please advise me on the following pointers:
1. Can a company terminate a pregnant employee on performance grounds? (As per the Act, dismissal of a pregnant employee can only be done on grounds of gross misconduct.)
2. Is it correct policy to provide MB only to confirmed or seasonal roll employees? As per the MB Act, a female employee who has completed a minimum of 80 days in the past 12 months is eligible for MB. Can we challenge this policy of the company?
3. Can I avail of LWP prior to my eligibility for MB due to health issues because of pregnancy? And once I am eligible for MB, can I continue my leaves as per the MB Act?
4. Please advise me if I have missed any important aspect/question here.
Many thanks & Regards.
From India, undefined
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I am working as an Assistant Manager-HR with an agro-based manufacturing company. I am 3 months pregnant. I have completed 6.5 months with the company and was supposed to be confirmed on 15th July '18 after completing 6 months with the company. However, my company has extended my probation by another 3 months and is asking me to resign to deprive me of maternity benefits. As per company policy, only permanent employees and seasonal roll employees are eligible for MB.
Please advise me on the following pointers:
1. Can a company terminate a pregnant employee on performance grounds? (As per the Act, dismissal of a pregnant employee can only be done on grounds of gross misconduct.)
2. Is it correct policy to provide MB only to confirmed or seasonal roll employees? As per the MB Act, a female employee who has completed a minimum of 80 days in the past 12 months is eligible for MB. Can we challenge this policy of the company?
3. Can I avail of LWP prior to my eligibility for MB due to health issues because of pregnancy? And once I am eligible for MB, can I continue my leaves as per the MB Act?
4. Please advise me if I have missed any important aspect/question here.
Many thanks & Regards.
From India, undefined
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Dear Anony, Here is the response to your queries:
Can a company terminate a pregnant employee on performance grounds?
A company cannot terminate a pregnant woman unless in rare circumstances where she is found to be involved in immoral acts/gross misconduct or acts which are not considered moral as per the community.
Is it a correct policy to provide Maternity Benefit only to confirmed or seasonal role employees?
As per the Maternity Benefit Act, a female employee who has completed a minimum of 80 days in the past 12 months is eligible for Maternity Benefit. The Maternity Benefit Act extends to any woman who has completed 80 days in the organization.
Can I avail Leave Without Pay (LWP) prior to my eligibility for Maternity Benefit due to health issues because of pregnancy?
Yes, provided you prove sickness arising out of pregnancy.
Please advise me if I have missed any important aspect/question here.
None. Send a notice or write an email to your management mentioning your pregnancy and expected date of delivery along with doctor reports in case you are deprived of maternity benefits. Reach out to the local labor inspector or officer.
Regards, Rahul Chhabra
From India, Delhi
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157Can a company terminate a pregnant employee on performance grounds?
A company cannot terminate a pregnant woman unless in rare circumstances where she is found to be involved in immoral acts/gross misconduct or acts which are not considered moral as per the community.
Is it a correct policy to provide Maternity Benefit only to confirmed or seasonal role employees?
As per the Maternity Benefit Act, a female employee who has completed a minimum of 80 days in the past 12 months is eligible for Maternity Benefit. The Maternity Benefit Act extends to any woman who has completed 80 days in the organization.
Can I avail Leave Without Pay (LWP) prior to my eligibility for Maternity Benefit due to health issues because of pregnancy?
Yes, provided you prove sickness arising out of pregnancy.
Please advise me if I have missed any important aspect/question here.
None. Send a notice or write an email to your management mentioning your pregnancy and expected date of delivery along with doctor reports in case you are deprived of maternity benefits. Reach out to the local labor inspector or officer.
Regards, Rahul Chhabra
From India, Delhi
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Creche under Maternity Benefit Act.pdf
Maternity Benefit Act.doc