Maternity leave changed into termination
I applied for maternity leave from 1 September but after may they informed me that I am terminated and they are going to hire a new teacher. Kindly suggest me what should I do?
I applied for maternity leave from 1 September but after may they informed me that I am terminated and they are going to hire a new teacher. Kindly suggest me what should I do?
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. It's illegal for employers to discriminate against a woman employee based on her employment status or pregnancy status. An employer cannot discriminate against a woman employee based on her pregnancy status during her pregnancy or post-pregnancy, affecting her maternit
Other Responses
I am working in an MNC in india for the last 2 years. 3 weeks back i got 50% hike and 10% annual salary as bonus based on my performance 2024 and review. This was conveyed to me by my HOD. I am now pr ...
Dear Client,
From the contents of the query, it appears that HR of the company is asking you to sign an involuntary termination letter, which is typically a termination when an employer ends an employee's job rather than the employee quitting his/her job voluntarily. It may also be considered to be a firing or wrongful termination once it is litigated upon. It's illegal for employers to discriminate against a woman employee based on her employment status or pregnancy status. An employer cannot
My wife is working as a contractual employee for the past 8 years in a company. Her 2nd pregnancy the company has offered to pay her only 50 % of her salary for 6 months which is absurd.but is this le ...
Dear Client,
The Maternity Benefit Act 1961 states that a woman employee can apply for Maternity leave regardless of her nature or category of employment, i.e, probation, intern, casual, contractual, or permanent if she has worked with the employer for 80 days in the last 12 months immediately preceding the date of her expected delivery. It's illegal for employers to discriminate against a woman employee based on her employment status or pregnancy status. An employer cannot discriminate against
Sir bacis shiksha adhikari ne Maternity Leave dene se mana kar diya. Meri wife k Paas 2 bacche hai First Marriage se.. Aur vo ab Pregnant hai. Jiske liye Maternity Leave chahiye. Job me aane k baad a ...
Dear Client,
The Maternity Benefit Act 1961 states that a woman employee can apply for Maternity leave regardless of her nature or category of employment, i.e, probation, intern, casual, contractual, or permanent if she has worked with the employer for 80 days in the last 12 months immediately preceding the date of her expected delivery. It's illegal for employers to discriminate against a woman employee based on her employment status or pregnancy status. An employer cannot discriminate against
Sir,if a woman is on maternity leave,can she be transferred?
Dear Client,
Transfer, promotion, and placement are the normal incidents of service life. Regardless of the sector or character of establishments, either public or private, the recruitment, transfer, promotion, and upgradation of manpower is processed following its standing policy, and recruitment and transfer, or placement of manpower is also a prerogative of the establishment. The duration of maternity leave for both first and second-time mothers is 6 months or 26 weeks. This leave can be av
Other Responses
My employer is forcing me to take 6 month maternity but I don’t want to take full 6 months leave and want to join early. Can I do that?
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 expected date of delivery of the child. Here, 6 6-month period meant for a maximum limit of leave a woman
employee on maternity leave during 13/01/2020 onwards, company does not allow to her rejoining & make documents under date 13/12/2019 as a resign date & shown last working date : 13/01/2020 ...
Dear client,
Send a Legal Notice to the Employer:
Through a lawyer, you can send a legal notice demanding:
Correction of the falsified resignation and service records.
Immediate payment of maternity benefits with interest.
Compensation for mental harassment and loss of employment.
If the employer does not respond to the legal notice, you can file a case before the Labour Court or Industrial Tribunal claiming:
Payment of maternity benefit under Section 12 of the Maternity Benefit Act.
Compensat
Other Responses
MUTUAL Consent Mother and Son DNA report is admissible in the court or not?
Dear Client,
Your query suffers from a lack of information and transparency to address it suitably. You expressed your situation, but did not provide a cause of action that attracts a legal remedy. This is a forum, and in the absence of a specific cause of action, suitable legal remedies cannot be suggested based on the standalone situation/circumstances. So, please revert to us with more details and a cause of action that requires a legal remedy.
Sir, I have been working in a finance company since June 26, 2023. I came to know that i was pregnant after joining. I went on ESI leave from March 1, 2024. I joined again on September 2nd. But ...
Dear Client,
Unless the ESI Act, 1948 is applicable to a company or the company did not register them under the said Act, monthly contribution towards ESI post enrollment of employee name, is not deducted from the Salary. So, a question arises as to how you availed the ESI leave during the pregnancy period which is clarified by the ESI authority as stated in the query. Be informed that the Maternity Benefit Act 1961 states that a woman employee can apply for Maternity leave if she has worked wit
My company is having less than 10 employees. Legally, for how many months I can ask leave from the employer and what about the Work From home policy in that case?
Dear Client,
The Maternity Benefit Act 1961 is applicable to establishments employing TEN or more persons, except employees covered under the Employees State Insurance Act, 1948, which also requires ten or more employees for the application of the Act. So, a company having less than 10 employees does not come under the purview of the Maternity Benefit Act, 1961.
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