Hi, I am working in an organisation from last 1.9 years. Its a manufacturing firm. My employer is asking me to give resignation with 1 month notice period when they learned my due date is nearer, as they do not want me to avail the maternity leave. I am due on July. I was planning to go on leave from May 09 as per doctors instructions. It has been observed that here there was a practice of asking female employees to quit inorder not to pay them maternity leave. I wanted to fight against the same. Can anybody help me in a legal way? Please help me out and advise me. Regards, Shalini Mayank
From India, Mumbai
5From India, Mumbai
dear shalini i will suggest not to submit your resignation and officially first of all inform them about your pregnancy and write them as your due date is in july so i am planning to proceed on leave from last week of may. in this conversation if they terminate your services than you will atleast claim maternity benefit besides notice period,however your termination will be illegal due to this reason. tks j s malik
From India, Delhi
From India, Delhi
here is my opinion,, and plz anyone not feel bad,,, many times on this cite I have heard a post by Hr, where they are sort of troubled by female employees who are planning to get married,, and have children,, there was also a debate whether the personal questions of when ur planning to get married or when u areplanning to have kid should be asked or not,,, many Hr on one side told that taking maternity leave,, will give less productivity, n many low cheap minded HR on citehr too are of view that many females join company to enjoy maternity leaves n if they plan to have kids they should not join company n they enjoy leaves n HR has to suffer, I can even search those threads and post here as example,, so in ur case shalini,, though ur case might be genuine but ur HR might be cheap low minded who thinks people just join to get pregnant n avail maternity leaves, i know my point is very strong n points out the double standard of HR,, hope any intelligent person understands my point n comments on it,,
From India, Pune
From India, Pune
I completely support your efforts to fight that sexism. I’m not sure where you’re from, but in many places what they are doing is illegal.
From United States, Philadelphia
From United States, Philadelphia
Dear Shalini, Kindly dont submit your resignation once you decide firmly that you are going to fight with the management and to stop cases like this in future. It is highly appreciated if you select the option to fight (to get justice), so you can read below. Please write down your problem in detail, if possible attach some proof or signature from your colleagues and directly submit it to,
From India, Coimbatore
- Local labour office (ACL/DCL)
- Local women's network
- Local press
- Your top management
From India, Coimbatore
To. Skalini, First of all you go ESI dispensary and get your conversation date ; from registered doctors and submitt the same to authrised person and get the acknowledgement from them. As per maternity Leave you are eligible 90 days leave .If your employers refuse to grant leave ; you can proceed in labour court address to ACL with all the xerox doucument , you can diffinetly get 90 days maternity leave ( with Pay) Thanks Sanjeev Rai
From India, Indore
From India, Indore
Dear Shalini, First of all did you intimate the management that you are pregnant and your Expected Date of Delivery? During this period rather before conveive are you working in this organisation? Do your organisation covered under ESI act and Maternity benefit act ? If yes then do not submitt any resignation letter. Submitt the leave application and intimate the period of leave . Donot fight with the mangament. Do not be tensed, It is harmful to you and your baby. Let them give their remarks. Submitt the leave application as appplied for PL stating that as Maternity leave not granted by you I am asking for PL. On completion of Pl ask for Sick leave. If they terminate your service after the said procedure submitt all the papers to Labour Court, Factory inspector ask for justice. Thanks and regards, Pranab
From India, Mumbai
From India, Mumbai
Dear Shalini, Please make sure whatever applications you are submitting to your management please take zerox and keep one copy with you. So that in future their will be no problem as such. Take care. Regards, Shruti
From India, Madras
From India, Madras
Hi Shalini, It is good that you are firm to fight against injustice but I completely agreed with the points which pranab made out. Don’t get tensed as it is not good for you and your baby too. Take very good care of yourself.
From India, Pune
From India, Pune
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Creche under Maternity Benefit Act.pdf
MATERNITY BENEFIT ACT 2009.doc