- This topic has 5 replies, 5 voices, and was last updated 1 year, 1 month ago by
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IHi everyone,
I’m feeling a bit anxious and hoping to get some advice from people who might’ve faced a similar situation.My wife is currently 19 weeks pregnant, and we’re planning for her to go on maternity leave starting from her 36th week. The worry is, she works at a small startup with very few employees, and we’re not sure how maternity benefits are handled in such a setup.
We’re particularly concerned about two things:
1. Job Security – We’re scared that raising the topic might somehow make her position vulnerable, especially since it’s a startup where roles aren’t always clearly protected.
2. Salary During Leave – She’s hoping to receive her full salary during maternity leave, just like during her regular working months. But we don’t know if that’s guaranteed, or if the company might try to avoid it due to budget or policy limitations.
We haven’t approached her HR or manager yet because we’re genuinely afraid it might negatively impact her job. But we also know we can’t avoid the conversation much longer.
Does anyone here have experience dealing with maternity leave at small companies or startups in India? What are her legal rights in this situation, and how should we go about discussing it without jeopardizing her position or benefits?
Really appreciate any input or stories from others who’ve been through this.
Thanks in advance!
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WI don’t know the legal answer, however, if it’s a small startup with not much funding, I would suggest take unpaid leave with job security guarantee in return. Small startup might not have the fund to pay for non-work benefits, such expenses can be expensive for them. I have seen founders not taking any salary and paying employees from their own savings etc, to fulfill their dream.
If the startup has the funding, then push for the maternity benefits.
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SIts illegal not to give government mandated maternity leave. She should definitely not take unpaid leave, irrespective of the funding.
If company makes a profit, will they give her a share in that
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PWhat if the company fire her claiming it has nothing to do with maternity leave and we are just restructuring the company?
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DHi. I’m a Delhi based lawyer. If her start up has 10 or more employees, then she’s entitled to her maternity leave as well as all related benefits, with no exceptions. Any adverse consequence related to her maternity leave will fall on the company and not on your wife, so please proceed as per applicability and don’t give up on your rights.
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