Seeking your advice on Maternity Benefit related query.
I am working as an Assistant Manager-HR with a Agro-based manufacturing company. I am 3 months Pregnant. I have completed 6.5months with the company and was supposed to get confirmed on 15th Jul'18 post completing 6months with the company however, my company has extended my probation by another 3months and is asking me to resign to deprive me from Maternity Benefit. As per company policy, only Permanent employees and Seasonal roll employee are eligible for MB.
Please advice me on below pointers:
1. Can a company terminate a Pregnant employee on performance grounds? (As per Act, dismissal of Pregnant employee can only be done on grounds of Gross Misconduct)
2. Is it a correct policy to provide MB only to Confirmed or Seasonal roll employees? As per MB Act, a female employee who has completed Min 80 in past 12 months is eligible for MB. Can we challenge this policy of the company?
3. Can I avail LWP prior to my eligibility for MB due to health issues because of pregnancy? And once, I am eligible for MB, can continue my leaves as per MB act?
4. Please advice me if I have missed on any important aspect/question here.
Many thanks & Regards..
From India, undefined
I am working as an Assistant Manager-HR with a Agro-based manufacturing company. I am 3 months Pregnant. I have completed 6.5months with the company and was supposed to get confirmed on 15th Jul'18 post completing 6months with the company however, my company has extended my probation by another 3months and is asking me to resign to deprive me from Maternity Benefit. As per company policy, only Permanent employees and Seasonal roll employee are eligible for MB.
Please advice me on below pointers:
1. Can a company terminate a Pregnant employee on performance grounds? (As per Act, dismissal of Pregnant employee can only be done on grounds of Gross Misconduct)
2. Is it a correct policy to provide MB only to Confirmed or Seasonal roll employees? As per MB Act, a female employee who has completed Min 80 in past 12 months is eligible for MB. Can we challenge this policy of the company?
3. Can I avail LWP prior to my eligibility for MB due to health issues because of pregnancy? And once, I am eligible for MB, can continue my leaves as per MB act?
4. Please advice me if I have missed on any important aspect/question here.
Many thanks & Regards..
From India, undefined
Dear Anony,
Here is the response to your queries:
1. Can a company terminate a Pregnant employee on performance grounds? (As per Act, dismissal of Pregnant employee can only be done on grounds of Gross Misconduct)
A- A company can not terminate a Pregnant woman, unless in rare circumstances wherein she is found to be involved in immoral acts/gross misconduct or acts which are not considered moral as per the community.
2. Is it a correct policy to provide MB only to Confirmed or Seasonal roll employees? As per MB Act, a female employee who has completed Min 80 in past 12 months is eligible for MB. Can we challenge this policy of the company?
A - Maternity benefit act extends to any woman who has completed 80 days in the organization.
3. Can I avail LWP prior to my eligibility for MB due to health issues because of pregnancy? And once, I am eligible for MB, can continue my leaves as per MB act?
A - Yes, provided you prove sickness arising out of pregnancy.
4. Please advice me if I have missed on any important aspect/question here.
A - None. Send a notice or write an email to your management mentioning your pregnancy and expected date of delivery along with doctor reports. in case you are deprived of maternity benefits. Reach out to the local labor inspector or officer.
Regards
Rahul Chhabra
From India, Delhi
152Here is the response to your queries:
1. Can a company terminate a Pregnant employee on performance grounds? (As per Act, dismissal of Pregnant employee can only be done on grounds of Gross Misconduct)
A- A company can not terminate a Pregnant woman, unless in rare circumstances wherein she is found to be involved in immoral acts/gross misconduct or acts which are not considered moral as per the community.
2. Is it a correct policy to provide MB only to Confirmed or Seasonal roll employees? As per MB Act, a female employee who has completed Min 80 in past 12 months is eligible for MB. Can we challenge this policy of the company?
A - Maternity benefit act extends to any woman who has completed 80 days in the organization.
3. Can I avail LWP prior to my eligibility for MB due to health issues because of pregnancy? And once, I am eligible for MB, can continue my leaves as per MB act?
A - Yes, provided you prove sickness arising out of pregnancy.
4. Please advice me if I have missed on any important aspect/question here.
A - None. Send a notice or write an email to your management mentioning your pregnancy and expected date of delivery along with doctor reports. in case you are deprived of maternity benefits. Reach out to the local labor inspector or officer.
Regards
Rahul Chhabra
From India, Delhi
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Creche under Maternity Benefit Act.pdf
MATERNITY BENEFIT ACT 2009.doc