Terminating 8 months pregnant
5 months ago
Hi Team,
I am 8 months pregnant now and my company communicated with me yesterday saying that the company is going through some issues and cutting off people. I have joined this company in March and notified about my maternity leave from Dec 1st to HR and my Manager in September itself. I was under 6 months of probation period from March to August. I have asked HR to provide me probation confirmation letter in September and he delayed sending it saying that I am waiting for the management reply. This is the end of October and now management is saying that I have to move out of the company saying that I am still under probation period. I have checked my joining letter and then understood what they've said, it was mentioned that if any employee haven't received confirmation letter then they are still considered as in probation period. Now, they are taking that clause out and asking me leave. But, there are no performance issues my my end I have never received any of such emails, I have been talking about my maternity leave to HR and he said all okay. I am totally confused and frustrated as I can not see light anywhere near by. There are dependencies on my monthly salary and I see no where to join another company as I am 8 months pregnant.
The Maternity Benefit Act 1961 states that a woman employee can apply for Maternity leave on a probation period if she has worked with the employer for 80 days in the last 12 months immediately preceding the date of her expected delivery. 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. Once a woman employee applies for maternity leave, the Company is dutybound to approve her leave and disburse her all the monetary benefits available under the Act. It's illegal for employers to discriminate against a woman employee based on her employment status and pregnancy status. Being on probation in your workplace does not affect your maternity rights and you can avail 26 weeks of maternity leave with full pay and return to your job even if you have only been employed for a very short time. So, if your application claiming maternity leave is rejected by the employer, reach out to the office of the Labour Commissioner concerned to file a complaint against the employer for arbitrary denial of maternity leave by employer for redressal of your grievance. You can also bring the matter to the notice of the Directorate of Health and Family Welfare of the State and State Women Commission seeking appropriate relief.
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