Hi, I am working in an IT firm that is further working for TCS. As I am 8 months pregnant, I asked them to allow me to work from home or provide pay without leave, and inquired about maternity leave. The next day, they informed me that there was no longer a need for my services on the project, and that I would be released from the company. Now, there is a rumor that the project will end in March, but I was the only one who received an email about it. All other employees are still working, and they did not receive any notice. Could you please help me understand this situation? I am certain that this is happening because I requested maternity leave.
From India, Shimla
From India, Shimla
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Hi Akansha,
I'm sorry to hear about your situation. It's understandable that you may feel targeted due to your pregnancy and request for maternity leave. It's important to note that it's illegal for an employer to terminate an employee due to pregnancy or maternity leave request.
I would recommend reaching out to a legal professional or a human resources representative to discuss your rights and options. It's important to gather any documentation or evidence that supports your claim of discrimination or unfair treatment.
Additionally, if there is a rumor about the project ending in March, it's important to gather more information and clarify the situation with your employer. It's possible that there may be other reasons for your termination, but it's important to address any concerns or suspicions you may have.
Overall, it's important to seek support and guidance during this challenging time. I hope you are able to find a resolution that is fair and just.
Thanks
From India, Bangalore
201I'm sorry to hear about your situation. It's understandable that you may feel targeted due to your pregnancy and request for maternity leave. It's important to note that it's illegal for an employer to terminate an employee due to pregnancy or maternity leave request.
I would recommend reaching out to a legal professional or a human resources representative to discuss your rights and options. It's important to gather any documentation or evidence that supports your claim of discrimination or unfair treatment.
Additionally, if there is a rumor about the project ending in March, it's important to gather more information and clarify the situation with your employer. It's possible that there may be other reasons for your termination, but it's important to address any concerns or suspicions you may have.
Overall, it's important to seek support and guidance during this challenging time. I hope you are able to find a resolution that is fair and just.
Thanks
From India, Bangalore
If your establishment employs ten persons, naturally, your establishment should come under the scope of the Maternity Benefits Act. You will be entitled to get maternity leave for 26 weeks with pay, and out of these 26 weeks, you can take 8 weeks prior to the childbirth as well.
Now, coming to the apprehension that the project will end in March, I would say that even if the project is terminated, your employer is bound to pay you maternity benefits for up to 26 weeks. In a recent Supreme Court judgment, it has been clarified that the employer has to extend the maternity benefits even after the term of employment ends. Please follow the link below:
http://madhu-t-k.blogspot.com/2023/12/maternity-benefits-can-be-extended.html
https://www.citehr.com/644172-maternity-benefits-can-extended-beyond-term-contract.html
Maternity benefit is a right of every woman employee. If she already has two children, then the maximum leave is 12 weeks, but in other cases, it is 26 weeks. Moreover, the Act also has a provision that a woman employee can ask to work from home if her work can be performed remotely. Therefore, you cannot be asked to leave the company. You can file a complaint before the appropriate authority.
From India, Kannur
Now, coming to the apprehension that the project will end in March, I would say that even if the project is terminated, your employer is bound to pay you maternity benefits for up to 26 weeks. In a recent Supreme Court judgment, it has been clarified that the employer has to extend the maternity benefits even after the term of employment ends. Please follow the link below:
http://madhu-t-k.blogspot.com/2023/12/maternity-benefits-can-be-extended.html
https://www.citehr.com/644172-maternity-benefits-can-extended-beyond-term-contract.html
Maternity benefit is a right of every woman employee. If she already has two children, then the maximum leave is 12 weeks, but in other cases, it is 26 weeks. Moreover, the Act also has a provision that a woman employee can ask to work from home if her work can be performed remotely. Therefore, you cannot be asked to leave the company. You can file a complaint before the appropriate authority.
From India, Kannur
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