pregnancy leave

Pregnancy leave : Woman employee gave Rs 15 lakh for being sacked


During her previous pregnancies, pregnancy leave the woman had eight miscarriages.

After telling her manager about her pregnancy, Charlotte Leitch, 34, was terminated. Her employer was an Essex-based supplier of security systems. According to Ms. Leitch, she felt ‘degraded and worthless’ after the incident. As an administrative assistant, she joined the company in May 2021. In giving her compensation of 14,885 pounds (or nearly Rs 15 lakh), the employment judge found that Ms. Leitch’s employment had been terminated primarily due to her pregnancy leave.

In the tribunal hearing, Ms. Leitch stated that she was traumatized by the incident. As a mother, it had a significant impact on her life. She couldn’t hold down another job. Ms. Leitch had frequent bouts of panic attacks due to the trauma pregnancy leave

The former’s boss, Nicola Calder, dismissed the claim as anything remotely related to her pregnancy. The company’s compliance officer is Nicola. She had explained to her manager that she was concerned about her pregnancy in light of the previous eight miscarriages. As a result of not signing a revised employee contract, Calder informed Leitch that she was not entitled to any pregnancy leave. She was told coldly by the callous manager that the company was not entitled to keep her on the payroll. In a letter sent to Ms. Leitch, the company categorically denied terminating her for reasons related to her pregnancy leave.

The judge noted that the manager took advantage of Ms. Leitch’s vulnerable position and fired her. Based on all the circumstances, the judge concluded that the primary reason for Ms. Leitch’s dismissal was her pregnancy and previous illnesses associated with pregnancy leave.

How does pregnancy leave work?

The Indian government offers maternity leave to expectant mothers in India as a well-intentioned initiative. Specifically, the Maternity Leave Act 2017 defines a period during which pregnant female employees should be on leave for their own and their children’s welfare. As a result, women employees will receive additional benefits.

In addition, this Act specifies the different types of pregnancy leave and employer entitlements available to women in the commercial and public sectors. Pregnant or nursing women are entitled to ‘fully paid leave’ during which they may provide support for themselves and their children. The amendment passed in 2017 significantly changes India’s previous Maternity Act 1961 and applies to any enterprise or factory with ten or more employees, whether organized or unorganized.

This way, they can temporarily cease working for the organization while caring for the newborn. During this period, the mother is entitled to receive full payment. Therefore, maternity leave is a paid leave policy based on a set of criteria women employees must meet to qualify.

Check out All Questions & answer on pregnancy leave benefit here –

Maternity Leave: How To Apply?

You should address your maternity leave application to your manager at your workplace, although there is no standard format, structure, or process that must be followed. Each company’s policy is to award maternity leaves in accordance with its own policies. In most cases, you must submit your application at least two months in advance, stating that you must take a sabbatical to care for your newborn baby adequately. They will inform you of the laws and regulations that your company is subject to. 

Prenatal leaves, on the other hand, must be requested at least eight weeks before the due date. The procedure is simple and should take, at most, a few minutes. Formalities are few and far between; if the company is accommodating, things can move quite quickly.

The following are your legal rights as a pregnant employee:

During maternity leave, an employer cannot fire you or issue a termination notice that expires before your leave ends. It is impossible to modify a person’s employment terms while on maternity leave.

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