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Woman being asked to work during maternity leave
05-May-2023 (In Labour & Service Law)
My friend delivered her baby on 31/3/15 & went on mat leave from 30/3/15. She is now getting emails from her boss (the CEO of her company) asking her to take up some work as it has been 6 weeks since delivery. He has also been pushing her to alter her contractual work days from 5 days per week to half :
1. Can the employer ask her legally to start working even thought her 12 weeks of maternity leave are not over?
2. The legally allowed maternity leave is 12 weeks, correct?
3. What is the best way for my friend to reply to her boss? 4. Can she sue for hostile work environment?
1 Can the employer ask her legally to start working even thought her 12 weeks of maternity leave are not over?
>> No employer cannot ask the woman to work before 12 weeks of maternity leave
2The legally allowed maternity leave is 12 weeks, correct?
>> Yes, according to the Maternity Benefits Act 1961, you are entitled to 6 weeks of leave before your due date, and 6 weeks after your child's birth. So you can claim at least 12 weeks or three months maternity leave
3. Your friend can send an email stating that her 12 weeks are still not over and that she will not be able to work as doctor advised her bed rest.
>> Yes your friend and make a complain to the labour commissioner.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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