Laid off during pregnancy Laid off during pregnancy

9 months ago

I am a full time employee for techmahindra, the client i was working for has ended the contract with techmahindra. So techmahindra has laid off me. I am in my 5 th month pregnancy. Can they terminate me during pregnancy? TechMahindra told they will give monetary support. I wanted to know as per law what is the compensation they have to pay me.

Anik

Responded 9 months ago

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A.Dear client,

In India, the Maternity Benefit Act of 1961 provides certain rights and benefits to pregnant employees. According to this law, a woman who has been employed for at least 80 days in the 12 months prior to her expected delivery date is entitled to maternity leave and other benefits.

Under the Maternity Benefit Act, a woman is entitled to a maximum of 26 weeks of maternity leave. This can include up to 8 weeks of leave before the expected delivery date. The law also mandates that employers must provide a certain amount of monetary support during the period of maternity leave, although the exact amount may vary.

If you believe that your termination was solely due to your pregnancy, it may be advisable to consult with a labor lawyer or contact the appropriate labor authorities in your jurisdiction to understand your rights and seek further advice. They will be able to provide you with specific guidance based on the relevant laws and regulations in your area.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 9 months ago

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A.Dear Client,
The Maternity Benefit Act 1961 states that employers cannot fire or dismiss their women employees solely because they are pregnant. If you're pregnant and lose your job through no fault of your own, you may be entitled to unemployment benefits. It's illegal for employers to discriminate against you based on pregnancy status. As per the Maternity Benefit Act of 1961, the duration of maternity leave for both first and second-time mothers is 6 months or 26 weeks. This leave can be availed either before or within 6 months from the date of delivery of the child.The maternity leave is awarded with full pay on completion of at least 80 days in an establishment in the 12 months prior to her expected date of delivery. The maternity benefit is awarded at the rate of the average daily wage for the period of a worker's actual absence from work. So, on refusal by your employer o extend you the benfit you need to make a complaint against your employer before the compentent authority i.e, iether before the State Labour Commissioner or the Central Labour Commissioner for redressal of your grievance.
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