Can You Be Fired During Maternity Leave? Know Your Rights Under Indian Law
Maternity Shouldn’t Cost You Your Career
Pregnancy is not just a personal milestone—it’s a deeply transformative time for any woman. Amidst the emotional highs and physical demands of preparing for motherhood, many working women face a pressing question:
“Can I lose my job while I’m on maternity leave?”
The short answer: No, you can’t be fired during maternity leave in India—and doing so is illegal.
Yet, wrongful terminations do happen. In this article, we’ll break down your legal protections under Indian law, what your rights are during maternity leave, what actions are considered unlawful by employers, and how Legals365 can guide and represent you if your rights are violated.
Legal Framework Protecting Maternity Leave in India
The Maternity Benefit Act, 1961 (Amended 2017)
The primary legislation that safeguards women during pregnancy and after childbirth is the Maternity Benefit Act, 1961. It ensures that every woman employed in a company with 10 or more employees is entitled to:
- 26 weeks of paid maternity leave for the first two children
- 12 weeks for the third child onward
- Paid leave for miscarriage, adoption, and surrogacy under specified conditions
- Job security and protection from termination during maternity leave
Can an Employer Fire You During Maternity Leave?
No, Termination is Strictly Prohibited
Under Section 12 of the Maternity Benefit Act, it is unlawful to dismiss or discharge a woman while she is on maternity leave or because she has applied for it.
“No employer shall dismiss or discharge a woman employee during or on account of such absence…” – Section 12(1)
So if an employer tries to terminate you during your leave, you have the legal right to contest, claim compensation, and even demand reinstatement.
But Are There Any Exceptions?
Yes—but they are rare and tightly regulated.
Gross Misconduct
If the employer proves you committed serious misconduct (like fraud, theft, or violence), termination may be legally valid. However:
- It must not be related to your pregnancy
- A proper inquiry is mandatory
- No shortcuts or harassment tactics are allowed
Contract Expiry
If your employment is based on a fixed-term contract, and it ends naturally during maternity leave (without renewal), it’s not considered a “dismissal.” However, employers cannot intentionally deny renewal due to pregnancy—that may still be challenged under discrimination laws.
Company Closure or Redundancy
Even if a company is shutting down or restructuring, the employer must prove the termination isn’t pregnancy-related.
Real-World Examples: Law in Action
🔹 Neera Mathur vs. LIC
The Supreme Court ruled in favor of a woman whose maternity benefits were unjustly withheld, setting a strong precedent on respecting women’s dignity and privacy during pregnancy.
🔹 Sanjita Gupta vs. Indian Oil Corporation
A female employee was terminated while on maternity leave. The court ordered her reinstatement with full benefits, calling the employer’s action unlawful.
Employer Responsibilities Under the Law
Indian companies are legally obligated to:
- Offer complete maternity leave benefits
- Provide a safe and respectful work environment
- Avoid assigning risky tasks during pregnancy
- NOT terminate or demote the employee due to her leave
- Resume the employee’s same or equivalent role upon return
Failure to follow these norms may lead to legal penalties, compensation orders, or labor court cases.
What to Do If You’re Fired During Maternity Leave
Step-by-Step Action Plan:
1. Document Everything
Keep emails, messages, payslips, medical records, leave applications—anything that proves your employment status and maternity status.
2. Raise an Internal Grievance
Speak to your HR department. If there’s a formal grievance mechanism, follow it.
3. Send a Legal Notice
This is where a law firm like Legals365 can step in. A well-drafted legal notice shows you’re serious and often prompts employers to negotiate.
4. Contact the Labor Commissioner
You can file a complaint with the Labor Department. It can summon your employer and facilitate a resolution.
5. File a Case in Labor Court or High Court
For serious or unresolved issues, seek legal recourse to claim:
- Reinstatement
- Salary during leave
- Compensation for emotional distress
How Legals365 Supports Women in Maternity Disputes
Legals365 is a modern, accessible, and affordable legal platform that helps women take action when their maternity rights are violated.
Services Offered:
- Legal Notice drafting & sending
- Employment contract review
- Representation in Labor Court & High Court
- Complaint filing with Labor Department
- Consultations on maternity rights, workplace discrimination, and compensation claims
- Legal support across India, 24×7 availability
Whether you’re in Delhi, Bengaluru, Noida, Mumbai, or any part of India, Legals365 will ensure you’re heard—and legally defended.
Need help? Visit: www.legals365.com and get confidential assistance immediately.
Common Myths Debunked
Myth: “You’re on probation, so maternity leave doesn’t apply.”
Fact: If you meet the 80-day employment rule, you qualify—regardless of probation status.
Myth: “You can be fired if the company is restructuring.”
Fact: Not if the motive is linked to your maternity status—it’s still illegal.
Myth: “You lose your bonus or appraisal during maternity leave.”
Fact: Bonuses and increments are applicable unless performance-based conditions are unmet—maternity leave alone isn’t a reason to deny them.
Final Thoughts: Empowered Women Know Their Rights
Being pregnant shouldn’t mean being professionally vulnerable. Indian law recognizes this and offers comprehensive protection to ensure maternity does not become a reason for discrimination.
If your employer violates this, you don’t have to suffer in silence. Legal recourse is not only available—it’s your right.
And if you need expert guidance or strong representation, Legals365 and Online Noida is here to help you every step of the way.
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