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minal (admin)     21 August 2015

Eligibility for maternity leave

I joined a company in navi mumbai on 7th jan. Now I am pregnant and my due date is on 25th October 2015. Due to my health conditions I took a leave informing HR and a management on 3rd August and mailed them saying that you can provide me with 84 days of paid leave and rest unpaid approximately 6months total leave. Orally they told me that it is confirmed but when I asked them to confirm on mail they said that 6 months leave will be long leave and I will have to resign so that they will pay me one month payment. They are asking me to put the resignation saying that due to health reasons I have to resign. I spoke with HR and told her that I will give the reason of maternity but she says they have the right to terminate as I have taken the lave in 1st week of August rather than taking it in mid of september as per the law. Kindly advice me.



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 2 Replies

Kumar Doab (FIN)     21 August 2015

You have submitted communique for leave.

Let them reply in writing and deny 6 months leave.

 

Submitting leave application is not misconduct.

 

Record their tantrums and threat of termination, demand of resignation.

 

Maternity Benfit can not be denied to you.

 

Termination during Maternity Benefit period is illegal and can lead to punishable.

6months leave is indeed long leave.Try to be reasonable with your employer.

If you suffer from sickness due to pregnancy delivery 30days additional Maternity Benefit shall be applicable.Maternity Bonus of Rs.3500/ may also be applicable.

 

Sudhir Kumar, Advocate (Advocate)     22 August 2015

Well advised by Mr Kumar Doab.


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