If the organization is closing down a few business verticals or branch offices, can a support staff who is on maternity break be terminated due to the post becoming redundant in this case when many other positions are also becoming redundant?Thanks
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Hi,
As per the law any female employee on Maternity Leave cannot be terminated. In fact after completion of Maternity leave you can ask the employee to resign by explaining them the company situation.
I hope this information may help you.
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Agree with @Arpana.
Sharing my thoughts as below:
Being fired from a job on account of pregnancy is illegal under the Maternity Benefit Act.
Section 12(2)(a) of the Act provides that the employment of a pregnant woman can be terminated if the employer provides her with the medical benefit and/or bonus prescribed under the Act which she would have been entitled to as if she had still been in employment. This may suggest that as long as the employer is paying the maternity benefits and/or bonus prescribed under the Act, there should be no legal repercussions if you terminate the employment during an employee’s leave.
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Maternity Benefit Act, 1961 (“Act”) governs the conditions of service of women employees on maternity leave. Maternity Benefit (Amendment) Act 2017 has not brought any change on the aspect of termination of a women employees’ services on account of her maternity status. The Act, as amended provides for the rights of pregnant employees and attempts to ensure that such employees do not have to face any kind of discrimination during her pregnancy. One such obligation which has been set out is that the employer cannot terminate the services of a woman employee who is on maternity leave ( Family and Medical Leave Act) . Section 12(1) of the Act states that when a woman absents herself from work in accordance with the provisions of this Act, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence.
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Thank you so much for the inputs. Yes the concerned employee will be notified while on maternity and paid full maternity cover for 6 months. Please note it is not termination related to Pregnancy, it is redundancy due to Economic situation and business closure and many more positions becoming redundant.
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Agreed @Nidhi.
Do consult a legal advisor once before you make a call to get all the things in right with the compliance.
Agree with the above responses.
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You cannot terminate on account of Maternity. However, there is no provision to stop you if you want to pay off the entire maternity leave period + notice period and then terminate. This would be held by existent laws and your employment agreement,
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