Right of Pregnant employee in Private firm

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A good HR policy tries to ensure that women employees should not give up their otherwise aspiring career to fulfill their role as a mother. A women becoming the mother fulfills her duties just not for her family but for society as well. But one should be careful not to join office back during maternity leave period as this leave can be taken in one spell at a stretch. The companies which are covered under Employees state Insurance schemes are also obliged to give maternity benefits to their women employees for eg., Women employee cannot be sacked form the job just because she is pregnant or going to become a mother as per maternity benefit act, 1961. Working women can apply to labor court of her area in case maternity benefits are denied by the employer within sixty days from the date of receiving orders. As per maternity benefit act, the employer can be punished under, if he/she denies maternity benefits to women employees and that includes imprisonment for three months or fine up to Rs. 5000/- or both.


Your query has three folds. Firstly, if you can seek more leave then granted by Organisation. This is discretionary power of the organisation. They may or may not grant. Secondly, Company has full right to proceed against the employee if there is breech of rules by any person. Ur constitutional rights should not be infringed by the acts of company owners. Lastly, in principle company should not change the designation of your wife or project only because she is carrying at present. But organisational targets cannot be overlooked also.

The above are only advise. Rest can be clarified more if documents are being brought before undersigned.

Advocate Shailendra Kumar Singh LawRato