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Chetan   07 October 2015

Maternity leaves not applicable in office - need help urgent

Hi ,

My Wife Works In An Import Export Registered Firm And She Is Working There Is Aug 2014, She Has Completed 14 Months With The Organization. She Is Expecting And Into Her 7th Month Her Due Date Is Around 15th Jan 17, Considering Same She Gave Verbal Information In Office About Her Pregnancy Around 2 Months After She Conceived. She Also Informed Organization That She Would Take Leaves From December 15th Till Feb 15th 2017. 

Recently It Was Figured Out There Is Already A Replacement Hired Against Her For Same Position And She Was Given A Verbal Notification As To She Needs To Leave Office By 30th November 16 As New Resource Is Already Hired. She Confirmed To Her Manager That She Does Not Want To Leave As She Wants To Rejoin Office From Feb 17. To This Office Made It Clear Stating If Something Goes Wrong During Her Delivery They Would Not Like To Take Risk And Hence They Have Hired A Replacement.

When She Notified Initially About Her Pregnancy Company Notified She Will Get 3 Months Leave And These Would Be Unpaid Leaves. She Agreed To It As We Needed The Job. 

These Days Every Now And Then There Are People From HR And Finance Provoking Her To Take The Decision To Leave Right Away, Sometimes They Come And Give Her Count Of Prorated Leaves That Only 1 Leave Is Remaining And All Sort Of Crap.

She Is Actually Gone Into A Depression As This Is Related To Her Career And As A Husband I Understand This Is Not A Right Time For Her To Take Mental Pressure And Go Through All This.

Few Questions:
- Company Does Not Have Policy For Maternity Leave Not Acceptable
- Should She Resign Right Away Or Work Till 30th November - I As A Husband Not At All In Favor Of Same.
- After Agreeing To 3 Months Leave Although Leave Without Pay, Asking Her To Resign.

Not Sure What Should I Do, How Should I File A Legal Complaint, Should I Or Should I Not. It's More Of Harassment For Her And I Would Request You To Share Options Available With Us For Us To Move Forward.

Regards 
Chetan Sharma



Learning

 6 Replies

Chetan   07 October 2015

To add on to the information :

Her current salary is around 30K per month

 

Kumar Doab (FIN)     07 October 2015

The lady should record (audio/visual/witnessed/minuted) all coercion,pressure,threats etc!

She should not resign at all.

She should narrate all facts (in writing under proper acknowledgment to the appoiniting authority, MD, Chairman ) about information about pregnancy, maternity leave in office and that no forms etc was supplied to her................................and attach the Doctors Rx showing tentative date of pregnancy delivery, and her leave period..........................This should suffice.

 

Until or unless the establishment is exempted by the competent authority from application of Maternity Benefit Act..........................the Act shall apply.

 

Termination during Maternity Benefit Period ( 6weeks prior to tentative date of pregnancy, 6weeks after pregnancy delivery, additional 30 days in case the pregnant woman employee suffers sickness due to pregnancy delivery............................or more as per company's policy) can not be effected.

 

Maternity benefit : 6weeks prior to tentative date of pregnancy, is to be paid in advance.

Maternity benefit : 6weeks after  the delivery, is to be paid in 48 hours after the woman employee has notified the delivery.

 

Rate of Maternity Benefit is well explained in the Act.

 

Termination during sickness (any sickness ) is bad order.

Female nantomy is complex and a female can experince sickness after delivery.

 

There are many illustarted threads on similar queries at LCI.

You can seacrh in 'Search Option' on right hand side of this page.

 

 

 

 

 

 

 


(Guest)

Since she isn earning 30K per month not covered under any labor laws or factory laws. But she can get upto 6 months maternity leave.All good private compnaies give it.

But the point rises. Why the company will allow that?

All lala managed compnaies behave in same way.They release the lady once she seeks maternity leave etc.

Not much you can do

Even oif you try to file complaints nothing is going to come out but she will get harssed and ultimately leave

Kumar Doab (FIN)     07 October 2015

Supply under proper acknowledgment the written intimation as already suggested, and it is more than sufficient........................... and then let the lady proceed on maternity leave.............................and relax in the coziness of her home and be cared by her doctor and her affectionate family.

It is a blessing time for her.

 

Let her record all calls in a smartphone and on permanent record supported by say Google.

There is no wage ceiling for coverage in Maternity Benefit Act, and the Act does not discriminate between 'Workman' and 'Non Workman'.

 

Designation and salary alone does not decide a person shall be covered by the def. of 'Employee' as in Shops and Estbs Act, 'Workman' as in ID Act................

 

 

 


(Guest)

We expect all employere except small retail shops to extend benefits to women undertgoing maternity leave. But majority shun it except for good organsiation in private sector.Public sector ofcourse follows rule.Many good compnaies extend benefit to 6 motnhs paid/unpaid ( ofcourse 3 months is paid)

There is no need to do espionage or call recording etc. Simply give applicaiton in writing along with proof and date of expected delivery to be mentioned by a registered medical practitioner.

The ptotection of law is only for a period of 3 months. In private sector one cannot fight and make career. These are practical aspects. But in my view it is unlikely that any reasonable good employer would deny maternity benefit.. Atleast 3-4 months leave. The husband of lady should visit Boss in that organsiaiton , tender application and request cooperation.

It is not your business  as to how many employees are recruited by the employer. Theyhave all rights to do what they want.

 


(Guest)

Can the querist check on expected date of delivery mentiuoned by him in query? something absurd


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