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Rapidshachi7066
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May 2, 2025 at 10:59 am

Adding as a lawyer.

Section 6 of the Maternity Benefit Act, 1961 requires a woman to give written notice to her employer of her intention to take maternity leave, specifying the date from which she will be absent.
– Until this notice is served, the employer is not legally bound to extend maternity benefits.
– Termination before such notice might not be treated as a violation of the Act.

However, some high courts have held that even if formal notice wasn’t given, termination of a pregnant woman who was known to be pregnant could be deemed unlawful if:
– The employer had actual knowledge of the pregnancy, or
– The action of termination was taken to avoid liability under the Act.

Example: If the woman was visibly pregnant or had medical records submitted informally (like sick leave due to pregnancy complications), courts may infer the employer’s awareness.

In terms of your options:
1. Your wife should send an email expressing what you have mentioned above (how the employer did have knowledge through team lead) and the fact that she does consider this entire process a ploy to not provide her maternity benefits in the future. Also mention that she will raise it up before concerned authorities (inspector appointed under the act) if this is not handled properly.
2. However she needs to be prepared that this will result in a conflict and she may be asked to leave irrespective.

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