Vaishali (Manager -HR) 14 August 2013

Termination of an employee post return from maternity leave

hi ,

Need to understand ... what if an employee has gone for maternity leave and returns after 3 months .Post her return can company share decision of her termination /ask her to resign due to loss of the project /work for the entire team.

Need urgent reply

thanks

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4 Replies

Advocate Rohit (Advocate) 14 August 2013

no, based on the maternity leave company cannot terminate any female employee. subject to she had given handover of her duties/work/projects to the next person appointed by the company before going on leave.

Regards,

Advocate Rohit Dalmia

9324538481

Vaishali (Manager -HR) 14 August 2013

but her entire team is getting terminated .... the project is taken away by the client and there is no other project for her

Kumar Doab (FIN) 14 August 2013

> If the issue is Discrimination/termination of woman joining after delivery of child;

The lady may approach Inspector under Maternity Benefit Act which most probably would be Labor Inspector. The local O/o Labor Commissioner can guide you.

> If the issue is lay off/ closure/retrenchment/redundancy the affected staff may approach o/o Labor commissioner and invoke ID Act.