Kalpana was an executive with a medium-sized company. She had been working with the company for just under a year when she discovered that she was expecting a baby. When she joyfully shared the news with her boss, she expected him to be happy for her. However, she was surprised when she was called in for a meeting a few days later and asked to resign from her post. The company did not think that she would be able to devote herself to her job anymore.

Knowing Your Rights

If you are employed in an organisation and then become pregnant, know that you are entitled to some rights. The Indian government has approved the Maternity Benefits Act in 1961. According to this act, a woman who is employed with any company is entitled to six weeks of paid leave. Her employer must not give her any work for six weeks, beginning from the day of delivery. In addition, after resuming work, she should not be assigned any difficult tasks or be given any work that involves standing for long hours.

You can decide when you want to take your six weeks of leave. Generally, women opt for around two weeks before delivery and take the rest after giving birth to the baby. Note that six weeks is the minimum. You may be entitled to more leave, depending on your company policy. For example, many companies allow a woman to take up to three months of maternity leave. In addition, you may also be able to combine other leave like casual leave, privilege leave, etc.

Informing Your Employer

The Maternity Benefits Act is applicable to all working women, irrespective of the type of organisation they work in. However, a woman can only be eligible to claim maternity benefits if she has worked in the organisation for a minimum of 80 days before her due date.

Initially, it is all right to verbally inform your employer about your pregnancy. However, to officially claim the leave and other benefits, you must write a formal letter to the office. The letter should include how long you have worked for the company, your expected due date, and the starting and ending dates of your leave.

The date of submission of the written notice to the company will depend on company policy. Some companies insist on submission before your delivery while others will allow you to do so after giving birth. Even if you forget to give a written notice, you are still entitled to all maternity benefits offered by your workplace.

As an employee, you have some responsibilities too. Firstly, you should know what the company policy is and what benefits you are entitled to, well in advance. This can avoid any misunderstandings when you apply for your leave later on. Secondly, give your notice letter well in advance. It gives your office time to find someone to do your work. It also gives you time to hand over your duties and minimising the possibility of work-related calls while you are on leave.

Preventing Discrimination

A woman cannot be dismissed from the service of the company for being pregnant. Sometimes, the company may ask you to tender your resignation. You can refuse to do so. Remember that no company can terminate your services on grounds of pregnancy. You are also not supposed to be dismissed while you are on maternity leave. Your employer also cannot change or modify your working conditions without your approval during the leave period.

If you are dismissed from work for reasons relating to your pregnancy, you can file a case in the Industrial and Labour Court, under the Maternity Benefits Act. The court will then initiate legal action against your employer. Depending on the circumstances of your dismissal, you will receive the appropriate monetary compensation. In addition, your employer may also be jailed for a maximum of three months.

Becoming pregnant is not a career disaster. Using the Maternity Benefits Act, you can find the best option for your working needs.