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.