By Law can any company terminate the female employee if she is pregnant
5 months ago
Hello Everyone,
My wife is 7 months pregnant and she joined one company almost 3 months back and now they are telling my wife to either resign or we will terminate you immediately. When she asked for the reason they said due to a senior management decision we are taking this decision.
Just wanted to check if they can take this kind of action with pregnant women as per our labour law. Your input will help me to take the next action on this. Thank you
A.Dear client
Check the employment contract and company policies to understand the terms and conditions of employment, as well as any provisions related to termination. Your wife can schedule a meeting with the HR department to discuss the situation and understand the specific reasons behind the decision. If necessary, your wife may have the option to file a complaint with the relevant labor authorities in your area.
Check the employment contract and company policies to understand the terms and conditions of employment, as well as any provisions related to termination. Your wife can schedule a meeting with the HR department to discuss the situation and understand the specific reasons behind the decision. If necessary, your wife may have the option to file a complaint with the relevant labor authorities in your area.
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A.Dear Client,
The Maternity Benefit Act 1961 states that a woman employee can apply for Maternity leave 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 pregnancy status affecting your maternity right. You can avail 26 weeks of maternity leave with full pay and return to your job even if you have worked for a short period in the company before seeking maternity leave. and the leave period may be extended in emergency conditions on the recommendation of the treating Doctor or the Medical Board of the Hospital. So, if your application claiming maternity leave is rejected by the employer or terminate your service, reach out to the office of the Labour Commissioner concerned to file a complaint against the employer company for arbitrary denial of maternity leave that amounted to unfair labour practice 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 the Chairperson, the State Women Commission, Inspector of Shops and Establishments seeking appropriate relief.
The Maternity Benefit Act 1961 states that a woman employee can apply for Maternity leave 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 pregnancy status affecting your maternity right. You can avail 26 weeks of maternity leave with full pay and return to your job even if you have worked for a short period in the company before seeking maternity leave. and the leave period may be extended in emergency conditions on the recommendation of the treating Doctor or the Medical Board of the Hospital. So, if your application claiming maternity leave is rejected by the employer or terminate your service, reach out to the office of the Labour Commissioner concerned to file a complaint against the employer company for arbitrary denial of maternity leave that amounted to unfair labour practice 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 the Chairperson, the State Women Commission, Inspector of Shops and Establishments seeking appropriate relief.
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