Hi, I am Rashmi. I work in a private hospital. I applied for a 3-month leave as my daughter delivered. Now, after 2.5 months, the management has sent me a notice of termination. Is there any law that protects me?
From India, Bangalore
Acknowledge(0)
Amend(0)
1From India, Bangalore
Acknowledge(0)Amend(0)
Dear Rashmi, FIRST CONGRTAS FOR UR NEW BORN BABY Now, as far as in ur case it solely depends on the norms of ur joining letter & management policies pl. FYI
From India
Acknowledge(0)Amend(0)
From India
Acknowledge(0)Amend(0)
right, if you took a 3 months leave in advance with an approval then the company has no right to terminate you
From India, New Delhi
Acknowledge(0)Amend(0)
From India, New Delhi
Acknowledge(0)Amend(0)
5. Right to payment of maternity benefit. -- (1) Subject to the provisions of this Act,
every woman shall be entitled to, and her employer shall be liable for, the payment of
maternity benefit at the rate of the average daily wage for the period of her actual absence
immediately preceding and including the day of her delivery and for the six weeks
immediately following that day.
Explanation. – For the purpose of this sub-section, the average daily wage means the
average of the woman’s wages payable to her for the days on which she has worked
during the period of three calendar months immediately preceding the date from which
she absents herself on account of maternity, or one rupee a day, whichever is higher.
From India, Delhi
Acknowledge(0)Amend(0)
every woman shall be entitled to, and her employer shall be liable for, the payment of
maternity benefit at the rate of the average daily wage for the period of her actual absence
immediately preceding and including the day of her delivery and for the six weeks
immediately following that day.
Explanation. – For the purpose of this sub-section, the average daily wage means the
average of the woman’s wages payable to her for the days on which she has worked
during the period of three calendar months immediately preceding the date from which
she absents herself on account of maternity, or one rupee a day, whichever is higher.
From India, Delhi
Acknowledge(0)Amend(0)
I agree with taksh if you haven taken approval from higher authority for leave than its not legal
From India, New Delhi
Acknowledge(0)Amend(0)
From India, New Delhi
Acknowledge(0)Amend(0)
Dear Rashmi,
You are eligible to receive maternity benefits from your employer if you are not covered under ESIC. It's against the law for them to terminate you during your maternity period. You can approach the labor board or file a claim against your employer.
Thank you.
From India, Mumbai
Acknowledge(0)Amend(0)
You are eligible to receive maternity benefits from your employer if you are not covered under ESIC. It's against the law for them to terminate you during your maternity period. You can approach the labor board or file a claim against your employer.
Thank you.
From India, Mumbai
Acknowledge(0)Amend(0)
Maternity Benefit Act surely does not apply to a grand-child.
The OP was not the mother. Her daughter had a baby.
The main question is - was the leave approved ? or you just informed them that you wont come for 3 months.
From India, Mumbai
Acknowledge(0)Amend(0)
The OP was not the mother. Her daughter had a baby.
The main question is - was the leave approved ? or you just informed them that you wont come for 3 months.
From India, Mumbai
Acknowledge(0)Amend(0)
Dear Rashmi,
Your query is ambiguous. Please clarify whether you took leave for the delivery of your child or if your daughter delivered. I presume you have taken leave for the delivery of your child; it is maternity leave to which you are entitled. An employer cannot terminate your services.
RL Dhingra
Advocate
From India, Delhi
Acknowledge(0)Amend(0)
Your query is ambiguous. Please clarify whether you took leave for the delivery of your child or if your daughter delivered. I presume you have taken leave for the delivery of your child; it is maternity leave to which you are entitled. An employer cannot terminate your services.
RL Dhingra
Advocate
From India, Delhi
Acknowledge(0)Amend(0)
Dear Rashmi,
Many congratulations on your new baby! First, please share the terms and conditions specified in your appointment letter, and then we will be able to provide further guidance.
Thanks & Regards,
Sumit Kumar Saxena
From India, Ghaziabad
Acknowledge(0)Amend(0)
Many congratulations on your new baby! First, please share the terms and conditions specified in your appointment letter, and then we will be able to provide further guidance.
Thanks & Regards,
Sumit Kumar Saxena
From India, Ghaziabad
Acknowledge(0)Amend(0)
Hi,
Thank you for your advice. It's not for my delivery. My daughter delivered. [COLOR="Magenta"]I took pre-approved leave for 2 months initially, and then I sent an email requesting its extension (for one more month). Now I received a letter with allegations and an 'offer' of termination.
I want loss of pay leave for one more month. How can I protect my job and also get the leaves?
Thank you.
With regards,
Rashmi.
From India, Bangalore
Acknowledge(0)Amend(0)
Thank you for your advice. It's not for my delivery. My daughter delivered. [COLOR="Magenta"]I took pre-approved leave for 2 months initially, and then I sent an email requesting its extension (for one more month). Now I received a letter with allegations and an 'offer' of termination.
I want loss of pay leave for one more month. How can I protect my job and also get the leaves?
Thank you.
With regards,
Rashmi.
From India, Bangalore
Acknowledge(0)Amend(0)
Hi,
Thank you very much for your great effort in finding the relevant laws. It's not for my delivery. My daughter delivered. I took pre-approved leave for 2 months initially, and then I sent an email for its extension (for one more month). Now I received a letter with allegations and an 'offer' of termination. I am requesting loss of pay leave for one more month. How can I protect my job and also get the leaves?
The attachments you sent seem to be related to one's own delivery, I assume.
Thank you for your efforts.
With regards,
Rashmi.
From India, Bangalore
Acknowledge(0)Amend(0)
Thank you very much for your great effort in finding the relevant laws. It's not for my delivery. My daughter delivered. I took pre-approved leave for 2 months initially, and then I sent an email for its extension (for one more month). Now I received a letter with allegations and an 'offer' of termination. I am requesting loss of pay leave for one more month. How can I protect my job and also get the leaves?
The attachments you sent seem to be related to one's own delivery, I assume.
Thank you for your efforts.
With regards,
Rashmi.
From India, Bangalore
Acknowledge(0)Amend(0)
Hi, This is not the case of maternity. My daughter delivered and not me. Is there any resolution? Regards, Rashmi
From India, Bangalore
Acknowledge(0)Amend(0)
From India, Bangalore
Acknowledge(0)Amend(0)
Sir,
You have assessed correctly. Initial leave was approved for 2 months. Then I sent via mail for an extension (for 1 month - stating that my daughter and grandson need more care for another month). Then I received a reply stating that my leave extension application was not considered, and therefore, a notice was issued asking why I should not be terminated from service.
I need your advice on how to address this situation as I genuinely require unpaid leave for a month. Is there any provision of the law that can support me in this matter?
Many regards for your concern and advice.
Thanks,
Rashmi
From India, Bangalore
Acknowledge(0)Amend(0)
You have assessed correctly. Initial leave was approved for 2 months. Then I sent via mail for an extension (for 1 month - stating that my daughter and grandson need more care for another month). Then I received a reply stating that my leave extension application was not considered, and therefore, a notice was issued asking why I should not be terminated from service.
I need your advice on how to address this situation as I genuinely require unpaid leave for a month. Is there any provision of the law that can support me in this matter?
Many regards for your concern and advice.
Thanks,
Rashmi
From India, Bangalore
Acknowledge(0)Amend(0)
Dear Sir,
Thank you very much. Your assumption of the fact is almost correct.
Initially, I applied for a 2-month leave (without pay), which was sanctioned. After the end of the second month, I applied for an extension for one more month. However, my second leave application was rejected, and the management made additional allegations, questioning why I should not be suspended.
I respect your reasoning, and I believe the only option available is to request them to reconsider.
Thank you for your help in clarifying.
Grateful to you.
Regards,
Rashmi
From India, Bangalore
Acknowledge(0)Amend(0)
Thank you very much. Your assumption of the fact is almost correct.
Initially, I applied for a 2-month leave (without pay), which was sanctioned. After the end of the second month, I applied for an extension for one more month. However, my second leave application was rejected, and the management made additional allegations, questioning why I should not be suspended.
I respect your reasoning, and I believe the only option available is to request them to reconsider.
Thank you for your help in clarifying.
Grateful to you.
Regards,
Rashmi
From India, Bangalore
Acknowledge(0)Amend(0)
Since you have been asked for an explanation through a show cause notice "why you should not be terminated", you can explain your genuine reason which FORCED YOU to go a month long WITHOUT PAY. Request them to reconsider your case and make sure from your side such things will not repeat.
A month-long leave without any sanction will always be considered an indisciplinary act from an employee. If you had convinced your employer of the genuineness of this leave, it would have been sanctioned, and this situation would not have arisen. All the best for getting reinstated to your employment.
Suresh
From India, Pune
Acknowledge(0)Amend(0)
A month-long leave without any sanction will always be considered an indisciplinary act from an employee. If you had convinced your employer of the genuineness of this leave, it would have been sanctioned, and this situation would not have arisen. All the best for getting reinstated to your employment.
Suresh
From India, Pune
Acknowledge(0)Amend(0)
Dear Suresh,
Thank you very much for your advice. It's really helpful. I will ensure that my genuine reason is accepted by the employer.
@ Praveen, I am reiterating, my daughter delivered and not me!
With kind regards,
From India, Bangalore
Acknowledge(0)Amend(0)
Thank you very much for your advice. It's really helpful. I will ensure that my genuine reason is accepted by the employer.
@ Praveen, I am reiterating, my daughter delivered and not me!
With kind regards,
From India, Bangalore
Acknowledge(0)Amend(0)
Submissiveness through an application for forgiveness with a clear mention of your compelling grounds for the extension of leave would be far better to satisfy the management than to adopt any aggressive or legal recourse. So, you may better join your duty and get the leave duly sanctioned if you still need more leave to help your daughter at this juncture of taking tender care of the newborn baby.
From India, Delhi
Acknowledge(0)Amend(0)
From India, Delhi
Acknowledge(0)Amend(0)
Request and plead with all humbleness. If you had been there for long, they will oblige. They will even tell you that they would take you on as a new employee. Accept and join. You alone know how important the job is to you. Fighting will not help you with small private hospitals.
If they have just issued a letter asking for an explanation, then it is not termination. You can report for work and give an explanation, pleading guilty and requesting them to condone your absence. I am sure they will oblige.
Sivasankaran
From India, Chennai
Acknowledge(0)Amend(0)
If they have just issued a letter asking for an explanation, then it is not termination. You can report for work and give an explanation, pleading guilty and requesting them to condone your absence. I am sure they will oblige.
Sivasankaran
From India, Chennai
Acknowledge(0)Amend(0)
Dear Rashmi,
Congratulations...!!
HR policies for pregnant women vary from company to company. Check with the HR department of your company to find out more about its policy on maternity leave. A good HR policy should ensure that you receive maternity as well as other health benefits, including group medical insurance that covers your whole family.
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 of maternity leave. If your company's HR policy is more generous, you might be lucky enough to get even six months off.
It is unlawful for your employer to dismiss you from work because you are pregnant or suffer from any illness during pregnancy. If you feel your employer is not applying the law properly, take legal advice.
Best Wishes for You & Your Child.
Regards,
Anarat Dwivedi
From India, Bangalore
Acknowledge(0)Amend(0)
Congratulations...!!
HR policies for pregnant women vary from company to company. Check with the HR department of your company to find out more about its policy on maternity leave. A good HR policy should ensure that you receive maternity as well as other health benefits, including group medical insurance that covers your whole family.
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 of maternity leave. If your company's HR policy is more generous, you might be lucky enough to get even six months off.
It is unlawful for your employer to dismiss you from work because you are pregnant or suffer from any illness during pregnancy. If you feel your employer is not applying the law properly, take legal advice.
Best Wishes for You & Your Child.
Regards,
Anarat Dwivedi
From India, Bangalore
Acknowledge(0)Amend(0)
Dear all, Rashmi has forgotten after posting this thread................... lol......................... :):):):):)
From India
Acknowledge(0)Amend(0)
From India
Acknowledge(0)Amend(0)
Hi Vimal,
I work for a private limited company as a CAD Designer. I would like to know if private limited companies are required to provide Casual Leave, Sick Leave, and Earned Leave to employees or if it is based on the company's discretion. Please clarify this for me.
Thank you.
From India, Madras
Acknowledge(0)Amend(0)
I work for a private limited company as a CAD Designer. I would like to know if private limited companies are required to provide Casual Leave, Sick Leave, and Earned Leave to employees or if it is based on the company's discretion. Please clarify this for me.
Thank you.
From India, Madras
Acknowledge(0)Amend(0)
Rashmi,
This thread got a little confusing because people misunderstood what you were saying.
The summary is as below:
You had approved leave for 2 months.
You extended it without approval for 1 month.
The employer is within his rights to send you a termination letter.
Personally, I do not think anyone benefits in a labor court case. In this case, you are on a weak wicket.
The best way is to speak to HR and the concerned manager you used to report to (hope you were on good terms with them), explaining to them the matter that led you to extend your leave. You should definitely apologize for the violation of rules and that you did not realize that you needed to do it in a different way (and that you will not repeat this in the future).
If that does not work or if they are not willing to listen, then you should be looking for another job instead of wasting time running after what is gone. It's not easy to remain in employment where the management wants you out.
Hope this helped you chart your path.
Regards,
Saswata
From India, Mumbai
Acknowledge(0)Amend(0)
This thread got a little confusing because people misunderstood what you were saying.
The summary is as below:
You had approved leave for 2 months.
You extended it without approval for 1 month.
The employer is within his rights to send you a termination letter.
Personally, I do not think anyone benefits in a labor court case. In this case, you are on a weak wicket.
The best way is to speak to HR and the concerned manager you used to report to (hope you were on good terms with them), explaining to them the matter that led you to extend your leave. You should definitely apologize for the violation of rules and that you did not realize that you needed to do it in a different way (and that you will not repeat this in the future).
If that does not work or if they are not willing to listen, then you should be looking for another job instead of wasting time running after what is gone. It's not easy to remain in employment where the management wants you out.
Hope this helped you chart your path.
Regards,
Saswata
From India, Mumbai
Acknowledge(0)Amend(0)
Dear Sir,
I received an explanation from the management asking me to physically present myself within 3 days of receiving the notice and explain WHY I SHOULD NOT BE SUSPENDED? I am not sure whether this will lead to termination or not.
Thanks for the concern and the reply.
Regards,
Rashmi
From India, Bangalore
Acknowledge(0)Amend(0)
I received an explanation from the management asking me to physically present myself within 3 days of receiving the notice and explain WHY I SHOULD NOT BE SUSPENDED? I am not sure whether this will lead to termination or not.
Thanks for the concern and the reply.
Regards,
Rashmi
From India, Bangalore
Acknowledge(0)Amend(0)
Dear Saswata,
Thank you very much for the "best advice" so far. I am very grateful for this advice, and I will negotiate with the management on this by apologizing for what happened.
Hats off to your response!
With high regards,
Rashmi
From India, Bangalore
Acknowledge(0)Amend(0)
Thank you very much for the "best advice" so far. I am very grateful for this advice, and I will negotiate with the management on this by apologizing for what happened.
Hats off to your response!
With high regards,
Rashmi
From India, Bangalore
Acknowledge(0)Amend(0)
Dear Rashmi,
I suppose you took three months' leave for the delivery of your daughter's child. In that case, you are not covered under the Maternity Benefits Act.
The other question is whether you requested and were granted leave for the period of your absence from work. If your leave was granted, then termination of services under such circumstances is unfair.
Please furnish complete facts of the matter, and then we can offer you proper advice.
Best Wishes,
Vasant Nair
From India, Mumbai
Acknowledge(0)Amend(0)
I suppose you took three months' leave for the delivery of your daughter's child. In that case, you are not covered under the Maternity Benefits Act.
The other question is whether you requested and were granted leave for the period of your absence from work. If your leave was granted, then termination of services under such circumstances is unfair.
Please furnish complete facts of the matter, and then we can offer you proper advice.
Best Wishes,
Vasant Nair
From India, Mumbai
Acknowledge(0)Amend(0)
Hi Rashmi,
Your question is a little bit confusing. Are you inquiring about taking leave for the delivery of your child, or has your daughter already delivered? In any case, the company does not have the right to terminate you if your leave was approved by the management. You have the right to address this issue with them.
With Regards,
Leela - HR
From India, Hyderabad
Acknowledge(0)Amend(0)
Your question is a little bit confusing. Are you inquiring about taking leave for the delivery of your child, or has your daughter already delivered? In any case, the company does not have the right to terminate you if your leave was approved by the management. You have the right to address this issue with them.
With Regards,
Leela - HR
From India, Hyderabad
Acknowledge(0)Amend(0)Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.
Enhancement of maternity leave from 6 months to 9 months.pdf
Karnataka Leave.xlsx
LEAVE APPLICATION.doc