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Author Topic: Maternity Rule  (Read 569 times)

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Offline chetna

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Maternity Rule
« on: October 29, 2015, 12:28:12 AM »
I am working with Private Aviation Company where there is only 15-18 employees and I am the only Female Staff. I am here at Manager Level. we do not have HR system or policies. I am working with this company from last 5 yrs. My maternity due date is 5th Dec and I applied for my maternity leave in the month of September but they are not responding to my mail and asked me to resign verbally. Can I claim paid maternity leave rules of 90 days. If yes what should I do? What action can I take? Can they ask me to resign at this stage giving any other reason?

Offline riteshmaity

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Re: Maternity Rule
« Reply #1 on: April 22, 2016, 08:54:53 PM »
I am working with Private Aviation Company where there is only 15-18 employees and I am the only Female Staff. I am here at Manager Level. we do not have HR system or policies. I am working with this company from last 5 yrs. My maternity due date is 5th Dec and I applied for my maternity leave in the month of September but they are not responding to my mail and asked me to resign verbally. Can I claim paid maternity leave rules of 90 days. If yes what should I do? What action can I take? Can they ask me to resign at this stage giving any other reason?

Maternity leave is obviously applicable to you during both pre and post pregnancy as per the Act. Your employer cannot deny it. If your company is covered under the ESI Act (which I presume that it should be since there is more than 10 employees) then you will NOT get benefit of the Maternity Benefit Act but will be protected under the ESI Act. However, at no point your employer can deny that.

They are asking you to resign so that they are not implicated legally for illegal termination later. Please note that an employer CAN NEVER ask its employees to resign.
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