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You cannot be dismissed or fired by your employer during or due to your maternity leave. (( Section 12(1), The Maternity Benefit Act, 1961.)) Keep in mind:
- During your maternity leave, your employer cannot change your condition of work to your disadvantage. For example, your employer cannot demote you at work just because you took maternity leave.
- If you are fired or dismissed during your pregnancy, you are eligible to receive maternity benefit or medical bonus.
- Your employer cannot cut your salary based on the fact that you requested and did non-strenuous work during your pregnancy. Even for reasons such as taking nursing breaks, your employer cannot cut your salary. (( Section 13(b), The Maternity Benefit Act, 1961.))
You can only be dismissed or dis-entitled to your maternity benefit in cases of gross misconduct. (( Proviso, Section 12(2)(a), The Maternity Benefit Act, 1961.)) Gross misconduct means deliberately destroying an employers’ property, assaulting other employees, fraud concerning the employers’ work, etc. (( Section 8.The Maternity Benefit (Mines and Circus) Rules, 1963))
Prarthana
August 13, 2023
I am a teacher. I am teaching a subject in school to 9ans 10th grade students. I willbe going in for maternity leave next month and resume work in March. Can my subject be changed when I am back kr can I be given a junior grade to teach when I am back as they have raken a cover teacher on my behalf for 6 months.
Alka Manral
September 2, 2024
As a teacher preparing for maternity leave, it’s important to understand your rights and the school’s obligations under the Maternity Benefit Act. You are entitled to 26 weeks of maternity leave. During this period, you should receive your full salary, ensuring financial stability while you’re away. Upon your return, you have the right to be reinstated to your original position with the same employment conditions.
Regarding your specific concerns about subject or grade level changes:
While the Act ensures you return to a position equivalent to your pre-leave role, it doesn’t necessarily guarantee you’ll teach the exact same subject or grade level. Schools may need to make adjustments based on overall staffing needs. However, any changes should not result in a demotion or less favorable working conditions.
While minor changes to your teaching assignment are possible, your overall position and employment conditions should remain equivalent to what they were before your leave. If significant changes are proposed upon your return, you have the right to discuss this with your administration, referencing the protections provided by the Maternity Benefit Act.
To prepare, it’s advisable to have a clear conversation with your school administration before your leave begins, documenting your current role and any agreements about your return. This can help ensure a smooth transition back to work in March.