Hi, I am working as Manager of HR in a prestigious firm. Currently on maternity leave, I was supposed to return in mid-February. However, I received a call from management asking me to explore other options as the company is facing financial challenges and I will be laid off. This news is quite traumatic for me. Could you please advise me on what options are available to me?
From India, New Delhi
Acknowledge(0)
Amend(0)
From India, New Delhi
Acknowledge(0)Amend(0)
I believe by lay off you mean to say termination and not that there is temporary closure of an operation due to non-availability of material or power, etc.
As per the Maternity Benefits Act, an employee under maternity leave is eligible for salary for the whole 26 weeks. If the organization is unable to pay the salary due to financial crisis, the same should be addressed as an industrial dispute for non-payment of salary following section 15 of the Payment of Wages Act. It is true that the discharge of a pregnant woman employee or an employee undergoing maternity leave is illegal as per the Maternity Benefits Act.
Since you have only received a verbal call saying that you have to find an alternative, you may not receive a salary this month. Once you complete the leave and rejoin in February, they may issue a letter terminating your service. The company can do this following the relevant provisions of the Industrial Disputes Act. The only thing is that they cannot pick and choose to terminate, but it should be the last employee hired in the department to perform similar work who should be terminated first. Even in this process, non-payment of salary payable during your maternity leave period will be maintainable.
If you have been working in a managerial capacity (being an HR Manager you should be), you will not receive any protection of the ID Act against termination of employment. However, you can put in a claim for unpaid salary during the maternity leave period.
From India, Kannur
Acknowledge(0)Amend(0)
4479As per the Maternity Benefits Act, an employee under maternity leave is eligible for salary for the whole 26 weeks. If the organization is unable to pay the salary due to financial crisis, the same should be addressed as an industrial dispute for non-payment of salary following section 15 of the Payment of Wages Act. It is true that the discharge of a pregnant woman employee or an employee undergoing maternity leave is illegal as per the Maternity Benefits Act.
Since you have only received a verbal call saying that you have to find an alternative, you may not receive a salary this month. Once you complete the leave and rejoin in February, they may issue a letter terminating your service. The company can do this following the relevant provisions of the Industrial Disputes Act. The only thing is that they cannot pick and choose to terminate, but it should be the last employee hired in the department to perform similar work who should be terminated first. Even in this process, non-payment of salary payable during your maternity leave period will be maintainable.
If you have been working in a managerial capacity (being an HR Manager you should be), you will not receive any protection of the ID Act against termination of employment. However, you can put in a claim for unpaid salary during the maternity leave period.
From India, Kannur
Acknowledge(0)Amend(0)Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.