Maternity - 6th month pregnancy

Dear Madam,

If you satisfy the eligibility conditions under the Maternity Benefit Act, namely having worked for at least 80 days in the preceding 12 months, you are ordinarily entitled to maternity benefits irrespective of whether you are currently on an active project or on bench. The company also cannot deny maternity leave merely because the project has ended. Your employment relationship continues unless lawfully terminated in accordance with contract and applicable law.

Dear client,

No, an employer cannot legally force you to resign merely because your project is ending while you are pregnant. Since you are in the 6th month of pregnancy, you are protected under the Maternity Benefit Act, 1961, and adverse action taken solely due to pregnancy may amount to unlawful discrimination and unfair labour practice.

A company may place an employee on “bench” depending upon business requirements and employment terms, but it cannot use a bench period as indirect pressure to compel resignation or terminate employment because of maternity. If you are a permanent employee and your employment itself is continuing, the employer is expected to consider redeployment, internal allocation, or continuation in service in accordance with company policy.

Further, Section 12 of the Maternity Benefit Act prohibits dismissal, discharge, or disadvantageous treatment during maternity on account of pregnancy. Even if the employer cites project closure, forcing resignation to avoid maternity liability can be legally challenged.

Important factors will be:

whether you are a permanent employee or contractual employee,
your appointment terms,
whether the company itself is continuing operations,
and whether similarly placed non-pregnant employees are being retained.

You should:

avoid resigning under pressure,
communicate only through email/written record,
preserve HR communications,
formally inform HR of your pregnancy if not already done,
and ask for written clarification regarding bench policy and continuity of employment.

If the company attempts coercion, you may:

send a legal representation,
approach the Labour Commissioner,
or seek relief under labour and maternity laws.