I have a question on obtaining maternity leave. I have joined an organization without informing them about my pregnancy. What situations might I face when I reach out to management for maternity leave? Will I be terminated?
From India, Hyderabad
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From India, Hyderabad
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In general, pregnancy is not a disqualification for a woman job aspirant unless there is an express stipulation as such based on the nature of the job which requires strenuous physical training, immediate posting on the job which involves day-to-day long travel, etc.
However, when the employer came to know about her pregnancy - before or after joining? Whether there was any question about pregnancy in the application for the job? If not, was any question put to the employer during the job interview? If the answer to the last two questions mentioned above is 'NO', there is no problem or the question of suppression of material fact even if the employer was aware of the fact of her being pregnant while applying for the job.
The essential qualification to claim maternity benefit under the Maternity Benefit Act, 1961, as per section 5(2), is only that the woman should have actually worked in the establishment for a minimum of 80 days in the 12 months period immediately preceding the date of her expected delivery. Therefore, whether a woman has necessarily to inform her employer of the fact of pregnancy at any time before or after her joining the services is immaterial.
The question of notice to the employer under section 6 of the Act arises only when the pregnant woman makes a claim for maternity and payment thereof. Subsections (3) and (6) of Section 6 make provisions for belated submission of such notice and entitlement to maternity benefit even in its absence as well.
Therefore, the employer need not have any such wild imagination of her being terminated when she approaches for maternity benefit because of the job protection granted to the pregnant woman under the provisions of section 12 of the Maternity Benefit Act, 1961. It's better to let her give notice about her expected date of delivery now itself with a certificate from a doctor so that her employer may plan well about alternative arrangements to fill the leave vacancy.
From India, Salem
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6108However, when the employer came to know about her pregnancy - before or after joining? Whether there was any question about pregnancy in the application for the job? If not, was any question put to the employer during the job interview? If the answer to the last two questions mentioned above is 'NO', there is no problem or the question of suppression of material fact even if the employer was aware of the fact of her being pregnant while applying for the job.
The essential qualification to claim maternity benefit under the Maternity Benefit Act, 1961, as per section 5(2), is only that the woman should have actually worked in the establishment for a minimum of 80 days in the 12 months period immediately preceding the date of her expected delivery. Therefore, whether a woman has necessarily to inform her employer of the fact of pregnancy at any time before or after her joining the services is immaterial.
The question of notice to the employer under section 6 of the Act arises only when the pregnant woman makes a claim for maternity and payment thereof. Subsections (3) and (6) of Section 6 make provisions for belated submission of such notice and entitlement to maternity benefit even in its absence as well.
Therefore, the employer need not have any such wild imagination of her being terminated when she approaches for maternity benefit because of the job protection granted to the pregnant woman under the provisions of section 12 of the Maternity Benefit Act, 1961. It's better to let her give notice about her expected date of delivery now itself with a certificate from a doctor so that her employer may plan well about alternative arrangements to fill the leave vacancy.
From India, Salem
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It is not a problem,
As long as you have not put in the minimum working days to avail maternity leave.
As long as there is no difficulty in fulfilling a project by distributing your work among your team in case you go on leave.
As long as there is no difficulty in hiring a temp staff on ad hoc to do your work.
As long as there is no need to commute daily to your office.
As long as you are a responsible worker knowing the pros and cons of the impact of your absence for several months soon after being hired.
So, do not suppress the fact. Disclose it voluntarily because an interviewer asking such questions at the time of the interview is not palatable.
From India, Chennai
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As long as you have not put in the minimum working days to avail maternity leave.
As long as there is no difficulty in fulfilling a project by distributing your work among your team in case you go on leave.
As long as there is no difficulty in hiring a temp staff on ad hoc to do your work.
As long as there is no need to commute daily to your office.
As long as you are a responsible worker knowing the pros and cons of the impact of your absence for several months soon after being hired.
So, do not suppress the fact. Disclose it voluntarily because an interviewer asking such questions at the time of the interview is not palatable.
From India, Chennai
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Dear Madam,
Your knowingly not informing the employer at the time of joining about your pregnancy is certainly not in good taste. The legal aspects of your entitlement to the maternity leave now have been clarified by the learned colleagues.
But put yourself in the employer's shoes. You want to avail of maternity leave benefits immediately after a short stint. You will be unavailable for work for six months. While you may enjoy the legal right to maternity leave, the employer is called upon to face the hurdle.
I suggest that, to be fair to you and the employer, you express an apology for not informing about your pregnancy earlier and request to grant maternity leave by submitting the required documents as per the prescribed procedure.
You are protected against termination if you are eligible and have followed the procedure as laid down in the Maternity Benefit Act/Rules.
Regards,
Vinayak Nagarkar HR and Employee Relations Consultant
From India, Mumbai
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Your knowingly not informing the employer at the time of joining about your pregnancy is certainly not in good taste. The legal aspects of your entitlement to the maternity leave now have been clarified by the learned colleagues.
But put yourself in the employer's shoes. You want to avail of maternity leave benefits immediately after a short stint. You will be unavailable for work for six months. While you may enjoy the legal right to maternity leave, the employer is called upon to face the hurdle.
I suggest that, to be fair to you and the employer, you express an apology for not informing about your pregnancy earlier and request to grant maternity leave by submitting the required documents as per the prescribed procedure.
You are protected against termination if you are eligible and have followed the procedure as laid down in the Maternity Benefit Act/Rules.
Regards,
Vinayak Nagarkar HR and Employee Relations Consultant
From India, Mumbai
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Creche under Maternity Benefit Act.pdf
MATERNITY BENEFIT ACT 2009.doc