Dear All,
Request you to advice for the Maternity Benefits upon Termination by Employer. Case is that a lady who was working with the Employer for last 20 months was suddenly asked by the Employer not to come to Office from the next day and asked her to send a resignation mail from outside office, the reason they quoted is that Market is down (Recession). And she is 6 months Pregnant.
Can any Employer ask any Employee like that and since now they say that no any maternity benefits would be given to her, even the Medical Insurance, Can they do so? When I read the Maternity act, it says Employer can't Terminate any Pregnant Lady in between her Job tenure once it is found that she is pregnant. If the Employer still want to Terminate her then the Employer had to pay the all Termination Benefits + Maternity Benefits or Payment in lieu till the date of her confinement.
If yes, pls advice that how can one ask the Employer for the Maternity Benefits & Termination benefits in case Employer refuses for the same.
Thanks
Ashi Ojha
From India, Gurgaon
1Request you to advice for the Maternity Benefits upon Termination by Employer. Case is that a lady who was working with the Employer for last 20 months was suddenly asked by the Employer not to come to Office from the next day and asked her to send a resignation mail from outside office, the reason they quoted is that Market is down (Recession). And she is 6 months Pregnant.
Can any Employer ask any Employee like that and since now they say that no any maternity benefits would be given to her, even the Medical Insurance, Can they do so? When I read the Maternity act, it says Employer can't Terminate any Pregnant Lady in between her Job tenure once it is found that she is pregnant. If the Employer still want to Terminate her then the Employer had to pay the all Termination Benefits + Maternity Benefits or Payment in lieu till the date of her confinement.
If yes, pls advice that how can one ask the Employer for the Maternity Benefits & Termination benefits in case Employer refuses for the same.
Thanks
Ashi Ojha
From India, Gurgaon
hi Ashi,
If the pregnant employee is worked for more than 80 days in the organisation it is binding on the employer to pay for her maternity benefit as per Maternity Benefit Act. I am not sure about your role in this case,
If you are HR - it is your responsibility to tell your management about the the ACT and advise them to pay her the maternity benefits including bonus. Put all these things in writing and get the reply also in writing. this will safeguard you at times if at all this act of the employer is noticed by the law makers.
If you are hte friend of such employee, if she has not resigned then ask her not to resign, let the organisation give her the termination letter. secondly even if they terminates her, apart form the termination benefits as per the active policy and appointment letter, she has to demand the maternity benefits in writing to the organisation, and the organisation reply onto it. the demand can be made by registered AD post. if the Managment still does not give it, approch the labour court for the said right.
If you are the employer - PLEASE DO NOT DO IT.
From India, Mumbai
If the pregnant employee is worked for more than 80 days in the organisation it is binding on the employer to pay for her maternity benefit as per Maternity Benefit Act. I am not sure about your role in this case,
If you are HR - it is your responsibility to tell your management about the the ACT and advise them to pay her the maternity benefits including bonus. Put all these things in writing and get the reply also in writing. this will safeguard you at times if at all this act of the employer is noticed by the law makers.
If you are hte friend of such employee, if she has not resigned then ask her not to resign, let the organisation give her the termination letter. secondly even if they terminates her, apart form the termination benefits as per the active policy and appointment letter, she has to demand the maternity benefits in writing to the organisation, and the organisation reply onto it. the demand can be made by registered AD post. if the Managment still does not give it, approch the labour court for the said right.
If you are the employer - PLEASE DO NOT DO IT.
From India, Mumbai
hi everyone!
pLease heLp me.
i've been working for the company for 3years now. presentLy, i am 4months pregnant & i got my termination Letter Last week (june 11) due to recession effective june 30. i've aLready fiLed my maternity to the hr for sss benefits month ago before i received the termination Letter.
i wouLd Like to ask, if my maternity benefits shouLd be incLuded in the computation for my Last pay?
thanks for those who wiLL repLy!
From Philippines, Makati
pLease heLp me.
i've been working for the company for 3years now. presentLy, i am 4months pregnant & i got my termination Letter Last week (june 11) due to recession effective june 30. i've aLready fiLed my maternity to the hr for sss benefits month ago before i received the termination Letter.
i wouLd Like to ask, if my maternity benefits shouLd be incLuded in the computation for my Last pay?
thanks for those who wiLL repLy!
From Philippines, Makati
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Right to payment of maternity benefits.doc