Hi everyone,
I am working in my company from past 7 years and next week Mar 1st 2018, I will be released from the project. I am 1 month pregnant.... Will HR assign me to projects ? Also I have some maternity related complication and doctor told I need to undergo major surgery wrt this and bed rest..... I have 40 PLs/CLs in my credit.... Can I take these leaves during bench and then take LOP until my ML leave starts (EDD is Oct 22 2018)..... Can company terminate me on bench if I inform about my pregnancy ?
I am working in my company from past 7 years and next week Mar 1st 2018, I will be released from the project. I am 1 month pregnant.... Will HR assign me to projects ? Also I have some maternity related complication and doctor told I need to undergo major surgery wrt this and bed rest..... I have 40 PLs/CLs in my credit.... Can I take these leaves during bench and then take LOP until my ML leave starts (EDD is Oct 22 2018)..... Can company terminate me on bench if I inform about my pregnancy ?
Having worked for 7 years, I don't think that a company will simply issue a termination letter and that also on knowing that the employee is pregnant.
What do you mean by 'bench', I don't know, but if you mean to say that once your project is over you will be having no work and as a result of which you will become redundant, then the employer should take a call to terminate those who have become redundant and that can be done not by piking and choosing but based on a criteria of last in first out. In this process pregnancy should not be a criterion.
From India, Kannur
4240What do you mean by 'bench', I don't know, but if you mean to say that once your project is over you will be having no work and as a result of which you will become redundant, then the employer should take a call to terminate those who have become redundant and that can be done not by piking and choosing but based on a criteria of last in first out. In this process pregnancy should not be a criterion.
From India, Kannur
Thanks Madhu for responding to my query...Yes, after Mar 1, I dont be having work and if I inform about my pregnancy and complication to HR, they wont assign me to any projects right ? Can I use my PL's/CLs and take sabbattical leaves (LOP) until my ML starts ?
You can use your available leave and rest of the days leave without pay till you will become eligible for maternity leave. Your ML can be from 8 weeks before the EDD. Permitting an employee to take LOP and even other leaves is just a company policy or management prerogative and it is not a right of any employee. It is true that the employer will not terminate you once you inform them that you are pregnant but they can refuse to grant leaves till your eligibility, that falls in the last week of August, 2018
From India, Kannur
From India, Kannur
Even if I produce medical proof and surgery related proofs, in that case also can they refuse leaves ?
Since company condition is not good and for some of my colleagues who are in bench currently, they have asked not to come after 60 days if they dont get project and have asked to put resignation... Can I avail maternity benefit since I have worked for more than 80 days to become eligible for ML considering 12 months period.... If I inform, no one will take me and they can ask me to resign know ? What do I need to do ?
Since company condition is not good and for some of my colleagues who are in bench currently, they have asked not to come after 60 days if they dont get project and have asked to put resignation... Can I avail maternity benefit since I have worked for more than 80 days to become eligible for ML considering 12 months period.... If I inform, no one will take me and they can ask me to resign know ? What do I need to do ?
It is true and there is no defense that you are eligible for maternity leave. But as already stated the employer has no legal obligation to grant you leave before August last week. Medical leave can be granted but to what extent? Redundancy is a valid reason for termination. Though legally a woman employee cannot be terminated during her pregnancy, you should be practical and find a solution. If you say that you have been working for 7 or 8 years and this should be counted before any action is taken against you, true the company will not do any harm to you, but the company will show you the leave rules. At the same time, if you are okay that you take a break for the time being and collect the gratuity etc and then once you are okay to resume work, come back. This is a win win situation and for that you should also take a lead. Otherwise, you will be spoiling your time in litigation and finally you will never be there in the good books of the company.
From India, Kannur
From India, Kannur
Madhu sir the person whoever has posted the query doesnot seemto have the minimum of gratitude .you have taken your time and energy to reply to her query and she addresses by singular Madhu some people don't deserve consideration.
From India, Thodupuzha
From India, Thodupuzha
Madhu sir please do not reply 2 people like this they don’t know how to conduct themselves
From India, Thodupuzha
From India, Thodupuzha
I appreciate your findings. But since we are doing a service we will never go into deep whether they respect us or not. Many a time I have also seen that the thread starter will be imposing on us a burden to analyse every thing and advise and they will not bother to give full picture of the case but we have to unearth everything.Once they get the answer, not even an appreciation is given but just leave. Coming to usage o singular, no problem, now Indians have started speaking like the English and there is no scope for any gratitude in using salutations.
i personally know many HR persons who are sitting in the top of the department raising queries without disclosing their identity! Many of them have been placed among the 100 HR persons recently. Please remember that I am not anywhere there among 100, not even millions HR!
If a matter is known to the CEO or MD of the organisation, these HRs will directly go and take advise from the leading labour Law advocate of the city whereas if the matter is to be solved at their table or finding a solution is their own responsibility they will call me or mail me and take advise and manage the situation.
Sorry, this is not the topic now and I am not suppose to allow such irrelevant posts.
From India, Kannur
i personally know many HR persons who are sitting in the top of the department raising queries without disclosing their identity! Many of them have been placed among the 100 HR persons recently. Please remember that I am not anywhere there among 100, not even millions HR!
If a matter is known to the CEO or MD of the organisation, these HRs will directly go and take advise from the leading labour Law advocate of the city whereas if the matter is to be solved at their table or finding a solution is their own responsibility they will call me or mail me and take advise and manage the situation.
Sorry, this is not the topic now and I am not suppose to allow such irrelevant posts.
From India, Kannur
If your boss is supportive you can explain the same asking for suggestion or approval of PL/CL's. You can take the leaves till you start taking ML. Its better if you know any female employee who took ML before you so that you can have some idea on how the management is.
Please always keep and email so that it will be a reference for any issues. No worry if the company terminates you can reach LO and suggest what to do.
From India, Hyderabad
Please always keep and email so that it will be a reference for any issues. No worry if the company terminates you can reach LO and suggest what to do.
From India, Hyderabad
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Creche under Maternity Benefit Act.pdf
MATERNITY BENEFIT ACT 2009.doc