Forced To Resign Due To Pregnancy Related Medical Leave

Hi,

I had been employed for 3+ months only with a private limited company when I asked for leave. I had submitted a verbal and email application for medical leave due to pregnancy for a month. I also provided the doctor's medical certificate via email. The company is not allowing me to rejoin after my leave. They are saying they never formally sanctioned the leave and that I might request leaves repeatedly. They want me to resign (verbally communicated) and mentioned that they might consider waiving off the one-month notice period. What protection do I have during my pregnancy, and what should I do now? I am not covered by the ESI Act.

Condition for Eligibility of Benefits - Women undergoing temporary unmarried status are eligible for maternity benefits when they are expecting a child and have worked for their employer for at least 80 days in the months immediately preceding the date of their expected delivery.

Regards, Rajeev Kumar Bangalore

Hi,

As per the Maternity Benefit Act, no woman employee can be terminated during pregnancy. You are protected to that extent by the act. However, fighting to retain a job against an employer that does not want you is a very difficult thing to handle. Even if you were to show the rules or take the help of the labor officer to get your job back, the harassment and mental stress you will go through is huge. Are you willing to go through that during pregnancy?

Thank you.