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
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1From India, Bangalore
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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
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From India
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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
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From India, New Delhi
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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
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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
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I agree with taksh if you haven taken approval from higher authority for leave than its not legal
From India, New Delhi
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From India, New Delhi
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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