Termination of services during maternity leave

510 votes

Hi.

According to the Maternity Benefits Act, 1961, it will be unlawful to discharge or dismiss a woman at anytime during her pregnancy. However, the exceptions to this is that the termination of employment is for a reason other than her pregnancy, and that the woman should have worked for at least 80 days prior to her pregnancy with the employer.

If you fulfill the above conditions, then your termination has been unlawful and you can send a legal notice regarding the same to your employer.

LawRato LawRato

916 votes

Well let me tell you at the very beginning of my answer that it is illegal to oust anyone from her job till the time she is on maternity leave. Further, it is also required to pay her half of her monthly salary at the time of her maternity leave.
It does not matter whether you were on a permanent job or on a contractual one law is same for all in all circumstances.
Now what you can do is -
1. Sent them a legal notice asking them to reinstate your job and to pay your salary for all those period till the time you were on your maternity leave.
2. If they fails to make a response to that then you have to bring upon a case against them for your lawful rights.

Advocate Pulkit Prakash LawRato

826 votes

Hi, this is incorrect on the part of your employer, the services can not be terminated during the leave period. In case your term comes to an end in May a show cause notice is required to be served in between your leave period. however, the terms and condition of service, as well as contractual conditions, needs to be ascertained in your case. More details are required to render an opinion in your case. with good wishes

Advocate Wg Cdr Ajit Kakkar (Retd) LawRato

948 votes

Women are entitled to 12 weeks of maternity leave, of which at least six weeks must be after delivery, where the woman employee has worked for 80 days in the 12 months preceding her delivery date.

If in case employer gives a written permission for taking 6 month continuous leave, he cannot suddenly terminate an woman employee on the ground she was under contractual service.

A female employee is entitled to salary and benefits during maternity leave. The employer cannot require the employee to do any work during the maternity leave.

During pregnancy, a female employee also has the right to request that she not be required to do any work of an arduous nature or which involves long hours of standing, is in any way likely to interfere with her pregnancy or the normal development of the foetus, or is likely to cause her miscarriage or otherwise to adversely affect her health.

It is unlawful to discharge or dismiss a female employee on account of being on maternity leave or to issue a notice of discharge or dismissal expiring during the period of maternity leave. It is also unlawful to vary the terms of employment to her disadvantage during the period of maternity leave.

Hence, you should go to the Labour Court and file your case there.

Advocate Rekha Kumari LawRato

684 votes

Hi

Will glad to help you. Its wrong on the part of the Company to terminate your service like this. You can file a a case before Labour Commissioner for wrongful termination of service. let me know what all help you need.

Advocate Akash Vajpai LawRato