Termination during pregnancy- Maternity
5 years ago
My wife is working for a financial firm for the part one year ( Number of employees more than 50).
She has been pregnant for the past 11 weeks and we were waiting to avail to the maternity leave 8 weeks prior to delivery date. For the past 6 weeks she was not keeping well and had to take frequent leaves. She informed about the pregnancy to her manager.
But yesterday her Manager called and ask her to resign stating that she was not able to perform.
Is forcing to resign legal during pregnancy?
Is she entitled for 26 weeks (maternity leave period) paycheck? (Mumbai City, Maharashtra)
You can approach Labor Commissioner and get appropriate action against HR and the Company.
Vidhikarya
Your wife will be entitled for the 26 weeks maternity benefit as per Sec 12(2)(a) of the Maternity Benefit Act, 1961.
The law says as per Sec 12(1) that an employer cannot discharge or dismiss an employee who is pregnant upon whom the provisions of the Act apply. The provisions of the Act start applying to a woman who has reached the period where 8 weeks are left to her delivery. However, Sec 12(2)(a) provides a blanket to employees who have not reached the period where 8 weeks are left but would have been eligible for the benefits had they not been discharged or dismissed. As such even if the employee does not reach the period where she can avail the benefits of the Act, she would still be eligible for the benefits. Additionally you can also challenge the termination of your wife by showing that no warning letters etc were given, she was not given a charge sheet and no Domestic Enquiry was also held in lieu of the same. As such the order of termination is cryptic and bad. The same has been done by the Employer in order to wriggle out from the obligations cast upon the Employer by the Maternity Benefit Act, 1961. You may file a complaint for the same before the Labour Inspector in whose local jurisdiction the financial firm is located and contest for getting the benefits (in terms of paycheck) and also challenging the termination.
Regards
Shah Rukh Ahmad
Vidhikarya
Vidhikarya
Maternity leave for adoptive and commissioning mothers:
Maternity leave of 12 weeks to be available to mothers adopting a child below the age of three months from the date of adoption as well as to the “commissioning mothers”. The commissioning mother has been defined as biological mother who uses her egg to create an embryo planted in any other woman.
Work from Home option:
The Maternity Benefit Amendment Act has also introduced an enabling provision relating to "work from home" for women, which may be exercised after the expiry of the 26 weeks' leave period. Depending upon the nature of work, women employees may be able to avail this benefit on terms that are mutually agreed with the employer.
Crèche facility:
The Maternity Benefit Amendment Act makes crèche facility mandatory for every establishment employing 50 or more employees.[4] Women employees would be permitted to visit the crèche 4 times during the day (including rest intervals)
The Maternity Benefit Amendment Act makes it mandatory for employers to educate women about the maternity benefits available to them at the time of their appointment.
Vidhikarya
You can make a representation before labor commissioner and you can resolve the issue by summoning such employer U/s 12 of Industrial dispute act .