Can an employer terminate employee when she is expecting a baby or when she is on maternity leave?
From India, Pune
2From India, Pune
An employer can not terminate the employee, when she is expecting a baby / when she is on maternity leave. Moreover this is against the principle of natural justice.
From India, Aizawl
From India, Aizawl
Dear Neha,
What is the context of your question? You could have given a little elaborate post?
To terminate an employee, whether pregnant or not, there have to be compelling reasons. Pregnancy is not a shield that protects the woman employee from any type of misconduct. If the woman employee has committed misconduct then these need to be investigated and if found blameworthy, then your company may go ahead with the punitive action. However, make sure that the punishment commensurates the misconduct.
While taking action, follow the principles of natural justice strictly. Since the woman employee is pregnant, she is entitled to the maternity benefits. These are independent of the punishment and she should not be deprived of the benefits.
Thanks,
Dinesh Divekar
From India, Bangalore
What is the context of your question? You could have given a little elaborate post?
To terminate an employee, whether pregnant or not, there have to be compelling reasons. Pregnancy is not a shield that protects the woman employee from any type of misconduct. If the woman employee has committed misconduct then these need to be investigated and if found blameworthy, then your company may go ahead with the punitive action. However, make sure that the punishment commensurates the misconduct.
While taking action, follow the principles of natural justice strictly. Since the woman employee is pregnant, she is entitled to the maternity benefits. These are independent of the punishment and she should not be deprived of the benefits.
Thanks,
Dinesh Divekar
From India, Bangalore
Even if the employee commits any misconduct which can tantamount to strict disciplinary action by the management, such actions need to be deferred during maternity leave period.
When she rejoins duty after availing the maternity leave period, management can initiate disciplinary proceedings by conducting enquiry into the charges levelled against her, and if proved then punishment can be resorted to including termination of services, depending on the gravity of the misconduct.
From India, Aizawl
When she rejoins duty after availing the maternity leave period, management can initiate disciplinary proceedings by conducting enquiry into the charges levelled against her, and if proved then punishment can be resorted to including termination of services, depending on the gravity of the misconduct.
From India, Aizawl
Your posting is consisting of two questions.
Q 1. Can an employer terminate employee when she is expecting a baby?
A...………..>1. Any termination is bad in eye of law. And no employer can terminate as and when wish. 2. But can be terminated as per the terms of appointment or with notice. 3. But can not terminate the employee already given notice of pregnancy as per MB Act or otherwise can.
Q2. Can someone be terminated when she is on maternity leave?
A...…...1. Employer can not terminate the employee while on leave under maternity.
From India, Mumbai
Q 1. Can an employer terminate employee when she is expecting a baby?
A...………..>1. Any termination is bad in eye of law. And no employer can terminate as and when wish. 2. But can be terminated as per the terms of appointment or with notice. 3. But can not terminate the employee already given notice of pregnancy as per MB Act or otherwise can.
Q2. Can someone be terminated when she is on maternity leave?
A...…...1. Employer can not terminate the employee while on leave under maternity.
From India, Mumbai
Prabhat,
What if it is a fixed term contract employee and the contract is ending well before the EDD or specifically earlier than 6 weeks before the EDD. Even in this case if the employee informs /gives notice that she is pregnant, the employer can not end the contract on the contract closure date?
Vijaya
From India, undefined
What if it is a fixed term contract employee and the contract is ending well before the EDD or specifically earlier than 6 weeks before the EDD. Even in this case if the employee informs /gives notice that she is pregnant, the employer can not end the contract on the contract closure date?
Vijaya
From India, undefined
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