Civil Procedure Code (CPC)

Maternity leave related

This query is : Resolved 

17 September 2019

Dear Sir/Ma'am,
I, Neha Somani-Panchal, am an employee of an Private organisation in Nariman Point,Mumbai. I am 7months pregnant now and about to complete 1 year in the same organisation next month i.e. 15th October,2019.

However, my company is asking me to resign from my job giving the reason of no business(profits) and also company policy states that:
A permanent employee who has completed 24 months in the establishment are eligible for 12 weeks Maternity Leave.

Wanted your guidance in the above scenario and what should I do further.
Looking forward for your response at the earliest.

kavksatyanarayanaOnline (Expert)
17 September 2019

Ji, to me You have already completed 11 months service as on today. so you can avail maternity leave subject to the following conditions as per amendment of the ML act.. If your organisation having 10 more employees, the maternity leave benefits apply to your (private) organisation. A woman employee is eligible for 26 weeks (as against the previous 12 weeks limit) in case of women having less than two surviving children. In other cases, the existing period of 12 weeks shall continue to apply. Out of the 26 weeks, not more than 8 weeks can be taken before the date of expected delivery.

Sudhir KumarOnline (Expert)
18 September 2019

Applicant of maternity leave (now 6 months) cannot be asked to resign.

In case they suo-motto terminate then you can move to labour court.

Neha Somani (Querist)
18 September 2019

How should I proceed further.... As in my further steps... As they are not terminating me and asking to resign daily

P. Venu Online (Expert)
18 September 2019

You are entitled for maternity leave. Your employer is bound by the Law. In compliance with the provisions of the maternity act, have you given intimation to the employer of the pregnancy and the expected date of confinement.

Adv Shailendra Deshpande (Expert)
18 September 2019

You can send notice through Advocate to the employer stating the issue and your eligibility for maternity leave. Based on their response you can can proceed further.

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