- This topic has 14 replies, 12 voices, and was last updated 1 year, 4 months ago by
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UHi Everyone,
I am seeking advice & suggestions on how to navigate this current situation .
I am in a senior leadership position in my organization which is a startup based out of India. Currently the organization is laying off people & in my discussion with the founder he mentioned that as they wouldn’t have the previous level of workload in the past, they are downsizing & suggested me that i should start looking out for opportunities once i return from my maternity leaves.
Now because my maternity leave starts from April, i am not sure if they can lay me off & if they lay me off will they have to compensate me for the whole duration of maternity leaves & the notice period ?????
My leaves were already approved in Dec.So seeking suggestions to understand, how to best navigate this situation.
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HMost likely the company will not terminate you. Legally they cannot. But even if they do, you will be entitled to the entire benefit.
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UCould you please help & elaborate on this law, as i have seen a lot of cases here on reddit & out side where people have been fired while on maternity leaves ???
Also, is this a law that even if they have to terminate my contract, are they bound to pay the salary for that 6 months ?
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HYou are entitled to a total of 26 weeks of maternity leave, out of which a maximum of 8 weeks can be taken before the expected date of delivery (the period is less if you already have 2 children or more). During this period, you cannot be terminated as per Section 12 of the Maternity Benefit Act, 1961, and also the terms of your service cannot be altered to your disadvantage.
While it is illegal to terminate your employment during this period, there are companies which still do it. If that happens, you will have to take legal recourse. It’s like murder, theft, and all other crimes; they are also illegal, but people still do it.
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UYou are safe zone, they are not going fire you but probability once you join back they will let you go. I know its very difficult but in last 2 months of maternity leave if u r planning to join back workforce start looking for new job.
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UI am really not worried about not being able to join back this org post my return from maternity, cz i am pretty confident with my skillset & have always prepared myself for such rainy days.
I just wanted to ensure that duirng these 6 months , i get paid for the maternity leave which i deserve after spending 4yrs loyally in my organization while always being a high performer.
An additional fact that i wanted to add was, that my ceo has mentioned that he wouldn’t be able to include me in the performance review which is now almost 3 months delayed but planned to happen next month for employees staying back, the ceo mentioned that he wouldn’t be able to offer increment & include me in the current performance review as they are currently in a cost cutting state org wide & i am already going on mat leaves for 6months post which we’ll have to part ways.
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SMake sure that you have mentioned in an official email that you are going on a maternity leave. I know you said your leaves are already approved but they are explicitly marked as maternity leave, right?
I have a very close personal relative who was laid off from a big very reputed US technoloy firm (one people use to grow their network) as she was yet to put leave request and verbally mentioned to her manager about the situation. Layoff came as a surprise.
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UEven if they terminate you – they are liable to pay you for the maternity leave. That’s the law and there are pretty much no ways to circumvent this.
They are free to terminate you now or post the break, but will have to pay through your maternity leave.
Source – my wife’s a lawyer, we have a law firm on retainer for my business, and we hire women and yup, you have to pay through maternity.
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VIn house counsel here.
Ensure that you have communicated about your pregnancy in writing.
This will ensure that you are not be terminated for being pregnant and no benefits can be denied to you.
Maternity benefits act provides you with certain protection and if you are terminated in this period you will stand protected (You will have to challenge the unlawful termination)
Alternatively, you could ask for a lumpsum settlement and severe ties.
Do consultant an lawyer well versed with labour laws and strategies your next move.
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UIf your ML starts from April, they can always lay you off before that date irrespective of whether your leave was approved or not.
Don’t break your head on this topic. Focus on your health and the baby which is paramount now and enjoy your motherhood. You can think about your employment aspects later.
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