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Can employee get compensation for termination during maternity leave


30-Jul-2023 (In Corporate Law)
Hello there . My employer decided on termination of my employement during my maternity leave and has kept my salary on hold . Please advice on the payment of the compensation . Is he obliged to pay for the remaining months of maternity ?! And is there any legal impact for laying off during maternity ?
Answers (2)

Answer #1
777 votes
Hi, Please write a letter giving all the information of your termination during maternity leave by your employer and non payment of compensation/salary which is on hold to the Labour Commissioner of your District.
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Advocate Rajesh Kumar K

Adv. Rajesh Kumar K

LawRato Bangalore / Bengaluru | 400+ Answers
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Answer #2
698 votes
Dear Madam, I am sorry to read about the termination of your employment during your maternity leave. I will talk on each of the questions separately. 1. Termination or Dismissal during Pregnancy pregnancy leave: According to the Section 12 (1) of the Maternity Benefit act, employer cannot dismiss the pregnant employee. The Termination if any, should be for a valid reason, like gross misconduct etc. 2. Keeping your salary on hold: Initially you put a notice to your employer about the same. If you have already done it. Then with a copy of it, a letter can be submitted to local labour inspector or an application to court seeking release of salary. 3. The compensation/benefit yes, you have right to. The Benefit would be limited 6 weeks as mentioned in Maternity Benefit Act.
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Advocate Nachiketh Konapur

Adv. Nachiketh Konapur

LawRatoBangalore / Bengaluru | 25+ Answers
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