I was working more than 5.5 years in a pvt ltd manufacturing company. I went on maternity leave two weeks before my delivery. My leave was discussed and approved by the MD verbally. No written communication was provided. Suddenly, one month into my leave, they stopped my salary. I was terminated via telephone by HR. Despite several emails, I did not receive any notice or confirmation of my termination. My leave expires next month. My queries are:
1. Can they deny giving maternity benefits due to the lack of written communication?
2. Can I resign now citing distrust in the company and request maternity benefits, gratuity, and PF? Is this legal?
3. Am I compelled to accept the termination?
4. Should I go to the Labor Commission?
5. What are the government forums I can approach? Will it be helpful?
From India, Kolkata
Acknowledge(0)
Amend(0)
1. Can they deny giving maternity benefits due to the lack of written communication?
2. Can I resign now citing distrust in the company and request maternity benefits, gratuity, and PF? Is this legal?
3. Am I compelled to accept the termination?
4. Should I go to the Labor Commission?
5. What are the government forums I can approach? Will it be helpful?
From India, Kolkata
Acknowledge(0)Amend(0)
Dear Aditri,
Did you inform them in writing and do you have the acknowledgment with you? If not, please send the intimation immediately with registered AD. Please mention the verbal intimation and approval in that letter, along with the date you will be joining your duties. Also, try to talk with your HR through this, as if yours is a manufacturing firm and they are still denying the maternity benefits, they must have some point. Please clarify the same with HR. If they still don't cooperate, please visit the local labor office. If everything is right, they cannot deprive the employee of maternity benefits.
From India, Pune
Acknowledge(0)Amend(0)
109Did you inform them in writing and do you have the acknowledgment with you? If not, please send the intimation immediately with registered AD. Please mention the verbal intimation and approval in that letter, along with the date you will be joining your duties. Also, try to talk with your HR through this, as if yours is a manufacturing firm and they are still denying the maternity benefits, they must have some point. Please clarify the same with HR. If they still don't cooperate, please visit the local labor office. If everything is right, they cannot deprive the employee of maternity benefits.
From India, Pune
Acknowledge(0)Amend(0)
Dear Aniket,
Thank you for your reply. After receiving the phone call, I emailed them asking for the reason for my termination as I was informed by telephone. In the email, I mentioned the verbal approval of my maternity leave. However, I did not receive any proper response from them. I have decided that I do not want to join again. Therefore, I am confused whether if I resign, they will still be legally compelled to give me Maternity Benefit.
Thank you.
From India, Kolkata
Acknowledge(0)Amend(0)
Thank you for your reply. After receiving the phone call, I emailed them asking for the reason for my termination as I was informed by telephone. In the email, I mentioned the verbal approval of my maternity leave. However, I did not receive any proper response from them. I have decided that I do not want to join again. Therefore, I am confused whether if I resign, they will still be legally compelled to give me Maternity Benefit.
Thank you.
From India, Kolkata
Acknowledge(0)Amend(0)
As advised, try to talk to the management, including HR, after sending them the email detailing the discussion and verbal assurance given by the Managing Director regarding maternity leave. Attempt to resolve the issue amicably and approach with the intention of finding a solution rather than adopting a confrontational stance. They cannot deny you maternity benefits or other entitlements if you decide to leave the company. Aim to depart on your own terms or on mutually agreeable terms if it comes to that. They are not allowed to terminate your employment during your maternity leave. If they are unwilling to reconcile, you may seek assistance from labor authorities, but inform the company that you will be compelled to take further action if they do not attempt to resolve the matter.
From India, Hyderabad
Acknowledge(0)Amend(0)
From India, Hyderabad
Acknowledge(0)Amend(0)
Dear Aditri,
They cannot terminate you while being on maternity leave. That's why I am asking you to send them the letter and then approach the authorities. After receiving the acknowledgment of the letter, ask HR to send you a proper termination notice that will stand against them. Please keep everything documented.
From India, Pune
Acknowledge(0)Amend(0)
They cannot terminate you while being on maternity leave. That's why I am asking you to send them the letter and then approach the authorities. After receiving the acknowledgment of the letter, ask HR to send you a proper termination notice that will stand against them. Please keep everything documented.
From India, Pune
Acknowledge(0)Amend(0)
"My leave was discussed and approved by MD verbally. You should have given written intimation of pregnancy. When did all these events take place? (month and date) To get maternity benefits, notice may be given during the pregnancy or as soon as possible after the delivery. On receipt of the notice, the employer shall permit such a woman to absent herself from work after the day of her delivery. The failure to give notice, however, does not disentitle the woman to the benefit of the Act. Do not resign on your own and refuse to accept the termination notice. Take up the matter with your company immediately in writing, including medical proof of delivery, and ask for leave as authorized under the MB Act. The company cannot legally dismiss you on this ground. If the company does not withdraw their letters of asking you to leave, approach the Labour Commissioner of the area."
From India, Pune
Acknowledge(0)Amend(0)
From India, Pune
Acknowledge(0)Amend(0)
Thank you for your replies. I have worked for 8.5 months during my pregnancy. Yes, it is true that I have not provided any written communication regarding my pregnancy and maternity leave; it was a verbal discussion. Everyone, whatever you are saying, I have already sent emails and a letter within these 4 months asking to explain my termination. I have received only one reply from them where they have just mentioned the company's termination policy anonymously. I have asked for an appointment to meet them, but they did not respond to that. Also, the salary for these 4 months is still pending. Now, I need clarity on whether if I do not rejoin on the grounds of distrust toward my company and claim maternity benefits, will that be legal?
From India, Kolkata
Acknowledge(0)Amend(0)
From India, Kolkata
Acknowledge(0)Amend(0)
Please read my queries and answer them. Give specific month-wise details. When did you go on leave, and when was the date of delivery? You must return to the company after your leave is over. The company cannot legally deny you maternity benefits. What is the company's termination policy? Are you under ESIC coverage?
From India, Pune
Acknowledge(0)Amend(0)
From India, Pune
Acknowledge(0)Amend(0)
I went on ML on 1st of October. The date of delivery is 18th October.
Two types of leave policy are:
1. The company can terminate anytime in case of anything prejudicial to the interest of the company.
2. One month notice will be given if the company wants to terminate anyone.
The company provides ESI to those whose salary is below 15000. I am not under ESI coverage as my salary slab is higher.
Please tell me how to take this matter ahead. How can I go to rejoin when I know what they intend to do? I will be harassed if I go there to even discuss, forget rejoining. Now, how can I claim all the dues?
From India, Kolkata
Acknowledge(0)Amend(0)
Two types of leave policy are:
1. The company can terminate anytime in case of anything prejudicial to the interest of the company.
2. One month notice will be given if the company wants to terminate anyone.
The company provides ESI to those whose salary is below 15000. I am not under ESI coverage as my salary slab is higher.
Please tell me how to take this matter ahead. How can I go to rejoin when I know what they intend to do? I will be harassed if I go there to even discuss, forget rejoining. Now, how can I claim all the dues?
From India, Kolkata
Acknowledge(0)Amend(0)
One has to be bold. What harassment can they do? Your termination during maternity leave is illegal. There is a provision in sec 6(3) which is helpful in your case.
Sec 6. Notice of claim for maternity benefit and payment thereof. Subsection 3) Any woman who has not given the notice when she was pregnant may give such notice as soon as possible after the delivery. So give written intimation to your company and ask for your dues. Read this. Section 12. Dismissal during absence of pregnancy (1) When a woman absents herself from work in accordance with the provisions of this Act, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence, or to vary to her disadvantage any of the conditions of her service. Do not be scared, but be firm. Take advice from a lawyer and join back on completion of leave. Request politely all your maternity benefits. The Labor Commissioner will help out and force the company to pay.
From India, Pune
Acknowledge(0)Amend(0)
Sec 6. Notice of claim for maternity benefit and payment thereof. Subsection 3) Any woman who has not given the notice when she was pregnant may give such notice as soon as possible after the delivery. So give written intimation to your company and ask for your dues. Read this. Section 12. Dismissal during absence of pregnancy (1) When a woman absents herself from work in accordance with the provisions of this Act, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence, or to vary to her disadvantage any of the conditions of her service. Do not be scared, but be firm. Take advice from a lawyer and join back on completion of leave. Request politely all your maternity benefits. The Labor Commissioner will help out and force the company to pay.
From India, Pune
Acknowledge(0)Amend(0)Engage with peers to discuss and resolve work and business challenges collaboratively - share and document your knowledge. Our AI-powered platform, features real-time fact-checking, peer reviews, and an extensive historical knowledge base. - Join & Be Part Of Our Community.
Creche under Maternity Benefit Act.pdf
MATERNITY BENEFIT ACT 2009.doc