I have been working for a private IT company for the past 6 months. After 1 month of my joining, I have conceived and informed my HR. I am now done with my probation period, i.e., 6 months, but they didn't confirm me yet, citing performance issues. I am planning to go on maternity leave next month. Can you please let me know if it is legal for them to terminate me now? Also, can I avail my maternity benefits?
Request you to please help me with this.
From India, Hyderabad
Acknowledge(0)
Amend(0)
Request you to please help me with this.
From India, Hyderabad
Acknowledge(0)Amend(0)
When a female employee officially informs her employer about her pregnancy, it is unlawful for the employer to terminate her employment for any reason during her pregnancy as per Section 12(2)(a) of the Maternity Benefit Act, 1961. Such an action by the employer cannot deny her the maternity benefits entitled to her under the Act.
Therefore, the employee can choose to take maternity leave, provided that it does not commence earlier than 8 weeks before the expected delivery date.
From India, Salem
Acknowledge(0)Amend(0)
6185Therefore, the employee can choose to take maternity leave, provided that it does not commence earlier than 8 weeks before the expected delivery date.
From India, Salem
Acknowledge(0)Amend(0)
To claim the maternity benefit you have to fulfill the eligibility criteria first as per MB Act / ESI act.
From India, Pune
Acknowledge(0)Amend(0)
From India, Pune
Acknowledge(0)Amend(0)
As per Section 5(2) of The Maternity Benefits Act, every woman employee who has worked in the establishment for a period of at least 80 days in the 12 months preceding the date of the expected delivery is entitled to receive Maternity Benefit. In your case, since you have already worked for 6 months before the date of delivery, you are very well entitled to maternity benefit even if you are under probation.
Also, as per Section 12 of The Maternity Benefits Act, it shall be unlawful for the employer to discharge or dismiss a woman employee during the period of her maternity leave.
From India, Kochi
Acknowledge(0)Amend(0)
Also, as per Section 12 of The Maternity Benefits Act, it shall be unlawful for the employer to discharge or dismiss a woman employee during the period of her maternity leave.
From India, Kochi
Acknowledge(0)Amend(0)
Dear Madam,
Your eligibility and entitlements under the MB Act have been clarified by the learned colleagues. You are still in employment and fear that the company may terminate your services, which has not yet happened.
The Act prohibits the termination of eligible woman employees while they are availing the benefits under it with due intimation. While your confirmation is still not done, you can proceed on MB leave by following the proper procedure.
There is no cause of action yet, and revert to this forum if the action, as feared by you, is taken by the company, which will be bound to be illegal.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
Acknowledge(0)Amend(0)
Your eligibility and entitlements under the MB Act have been clarified by the learned colleagues. You are still in employment and fear that the company may terminate your services, which has not yet happened.
The Act prohibits the termination of eligible woman employees while they are availing the benefits under it with due intimation. While your confirmation is still not done, you can proceed on MB leave by following the proper procedure.
There is no cause of action yet, and revert to this forum if the action, as feared by you, is taken by the company, which will be bound to be illegal.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
Acknowledge(0)Amend(0)
Your employer will say that you are not eligible to claim Maternity Benefits as it does not fall under the criteria because your pregnancy occurred before completing 80 days of work under technical grounds.
You can go on leave, but the period of leave shall be treated as an absence. It may happen as you fear, your company may ask you to resign for this reason or take any action they deem appropriate. It would be better if you stay calm during this period for a safe delivery without letting your mind wander elsewhere.
From India, Mumbai
Acknowledge(0)Amend(0)
You can go on leave, but the period of leave shall be treated as an absence. It may happen as you fear, your company may ask you to resign for this reason or take any action they deem appropriate. It would be better if you stay calm during this period for a safe delivery without letting your mind wander elsewhere.
From India, Mumbai
Acknowledge(0)Amend(0)
Dear Colleague,
I don't believe the MB Act disqualifies a female employee from receiving benefits if she becomes pregnant within 30 days of joining. The eligibility for benefits under the Act stipulates that the female employee should have worked for at least 80 days during the preceding 12 months. The employee in question has fulfilled this prerequisite, and it is hoped that the employer understands their obligation.
Regards, Vinayak Nagarkar HR and Employee Relations Consultant
From India, Mumbai
Acknowledge(0)Amend(0)
I don't believe the MB Act disqualifies a female employee from receiving benefits if she becomes pregnant within 30 days of joining. The eligibility for benefits under the Act stipulates that the female employee should have worked for at least 80 days during the preceding 12 months. The employee in question has fulfilled this prerequisite, and it is hoped that the employer understands their obligation.
Regards, Vinayak Nagarkar HR and Employee Relations Consultant
From India, Mumbai
Acknowledge(0)Amend(0)
Sorry, Prabhatji, the employer cannot take such a defense to deny the poster her statutory maternity benefits. If the provisions of Section 5(2) of the Maternity Benefit Act, 1961, are carefully analyzed, the reference date for determining the number of days of minimum qualifying completed service of 80 days by the woman is only the date of her expected delivery and not the date of her joining. It is also immaterial whether she was pregnant on the date of her joining.
That apart, the fact of the matter is that the poster is still in service as a probationer. Therefore, she can go on maternity leave subject to the condition I mentioned earlier. Even if the employer dismisses her abruptly, such a dismissal, being illegal, cannot deprive her of the maternity benefits.
From India, Salem
Acknowledge(0)Amend(0)
That apart, the fact of the matter is that the poster is still in service as a probationer. Therefore, she can go on maternity leave subject to the condition I mentioned earlier. Even if the employer dismisses her abruptly, such a dismissal, being illegal, cannot deprive her of the maternity benefits.
From India, Salem
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.
Termination-emp loyment_563.pdf
Termination letter.doc