1. #1
    Unregistered

    I did not get maternity leave because of which I had quit the job

    As per the companyís procedure the Female employees should be provided with Maternity leave. But in my case when I approached my manager for my leaves she did not approve & I have to quit the company.

  2. #2
    Labournet Law Consultancy Array
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    Re: I did not get maternity leave because of which I had quit the job

    The women employee is entitled to get maternity leave under the Maternity Benefit Act if she had worked for eighty days during the twelve months immediately

    preceding the date of expected delivery. You are eligible for maternity leave of 12 weeks of which six weeks shall be before the expected date of delivery as certified

    by the doctor and six weeks after the delivery.
    [FONT=Arimo, Arial, 'Helvetica Neue', Helvetica, sans-serif]
    So you need not have quit your company. According to me you should surely give a compliant against your company. Not giving a woman the maternity benefits is

    against law and even criminal case can be taken against your company.
    [/FONT]



    LabourNET Law Consultancy
    Leading Labour law Compliance Consultancy in Kerala having PAN India presence.
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  3. #3
    marigold Array
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    Re: I did not get maternity leave because of which I had quit the job

    Hi aspirant

    I think you should certainly not sit quietly and take action against your company for unjustly forcing you to quit..Firstly you conform that you were eligible for Maternity leave i.e. you should have completed atleast 80 days of working in the company..Then if you have done so, your company has no right to take away your right from you and certainly should be punished for it..All the pregnant female employees are eligible for maternity leave 3 months before and 3 months after their delivery date and there are no exceptions to this law or Act.

    So you file a complaint against your company and sue them legally for doing such injustice to you..Before that if possible try to talk to them and tell them to give back your job as you want to solve this matter amuicably..If they dont listen then sue them and dont hesitate as you have been deviod of your right..

    Good luck friend

  4. #4
    priyadharshini Array
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    Re: I did not get maternity leave because of which I had quit the job

    Hi, Actually being a women employee , you have the rights to get maternity holidays approved..you will be paid for those leaves too..So, talk to the concerned person and try to get it approved..All the best:-).

  5. #5
    Ashok Array
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    Re: I did not get maternity leave because of which I had quit the job

    Quote Originally Posted by Unregistered View Post
    As per the companyís procedure the Female employees should be provided with Maternity leave. But in my case when I approached my manager for my leaves she did not approve & I have to quit the company.
    Hello Aspirant,

    Really,I am very sad to know your position.I think you lost the patience.You should not have resigned from the job.You should have applied your maternity leave along with the medical certificate & by sending it by registered post.You are fully entitle to avail the maternity leave first for 3 months & next for another 3 months.
    I assume that you have no any evidence of applying the maternity leave & its refusal by the management.In this case,I would like to advise you not to move to court because your case may not stand due to lack of evidence.The management may simply say that ''you have not appliied for the said leave.''

    So, it would be better to first look after your newly born baby & yourself.After some time try for another job.I hope you will get the job soon.

    Thanks & good luck.

    Ashok

  6. #6
    Rituja Array
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    Re: I did not get maternity leave because of which I had quit the job

    Hello, Every female employee is entitled to get maternity leave.But it is really strange that you didnot get it.There are some legal norms also whoch entitles you to get such leave.You could have talked to your higher authorities reagarding this issue.You have an option of making a complain against your office management regarding this problem to the district consumer forum of your state in order tp get justice.Also go through the rules and regulations of your company or company guidelines before taking such step.

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