Pregnant and fired from your job, citing COVID 19 ? Many employers are firing pregnant women to avoid giving them mandatory maternity benefits as per the Maternity Benefit Act, 2017. Most of them are hiding behind the garb of the clause Force Majeure in times of COVID 19 Pandemic. This is illegal. If you have been fired from your job because you were pregnant you can take legal recourse. An employer cannot fire a pregnant employee who has worked in the organisation for upto 80 days in 12 months immediately preceding her date of delivery. Force majeure is a contractual defence. Maternity Benefit Act, 2017 is a welfare legislation and thus higher in precedence to Contract law. Therefore, it is the statutory obligation of all employers to comply with the provisions of the maternity benefit act, 2017. The act extends benefits to mother’s who are working from home, adoptive mothers, surrogate mothers, biological mothers. This is a prevailing problem across organisations,...
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