Reddit post on layoff during pregnancy: Know your rights and legal remedies

Business Standard

3 days ago

A Reddit post by a woman, who was fired eight months into her pregnancy, has raised concerns about employee rights and triggered a debate on it over the forum. In her post, the woman said she was heartbroken due to the layoff. What troubled her most was the timing of the layoff and the lingering suspicion that her pregnancy played a role in her termination.
The Redditor's story has struck a chord with working women, sparking conversations on legal protections around maternity leave and termination. Experts say Indian labour law is clear, employers cannot dismiss or disadvantage a woman because she is pregnant or on maternity leave. Here's what the law says, and the legal remedies available to women in
Can a woman employee be sacked during pregnancy?
'No, it is illegal,' says Tushar Kumar, advocate at the Supreme Court of India.
'Section 12 of the Maternity Benefit Act, 1961 explicitly prohibits the dismissal or discharge of a woman during maternity leave. If such a termination occurs, it is deemed void ab initio, and carries both civil and criminal consequences,' Kumar said.
These protections apply to all private and government establishments with at least 10 employees. Additionally, constitutional provisions like Articles 15(3) and 42 bolster maternity safeguards as part of fundamental rights.
Samayra Adhlakha, advocate at Delhi High Court, adds, 'Maternity benefits have been elevated to a fundamental right under Article 21 by the Supreme Court. Any action against a pregnant employee for taking leave is unlawful.'
What legal action can a woman take?
'If an employee is terminated during pregnancy, she remains entitled to full maternity benefits,' says Abe Abraham, partner, Cyril Amarchand Mangaldas.
'This includes salary, medical bonus, and job protection, unless the employer can prove gross misconduct,' he added
Kumar explains that women can approach:
-The Labour Commissioner or Inspector under the Act (who has quasi-judicial powers)
-Labour Court (if classified as a 'workman')
-Or file a civil suit (if in a managerial role).
-They may also explore redress through the National Commission for Women.
Alay Razvi, managing partner, Accord Juris, outlines remedies like:
-Reinstatement with backlog wages
-Compensation for wrongful termination
-Civil or writ petitions under Articles 14 and 15
-Criminal proceedings against the employer
Suspect pregnancy discrimination? Do this first
'If a woman feels her pregnancy was a reason for her layoff, she must act swiftly,' says Kumar.
'Keep written records, termination letter, emails, performance reviews, pregnancy-related communication. Send a formal grievance to HR invoking Section 12 of the Act,' he said.
Adhlakha suggests approaching the Regional Labour Commissioner first. 'The inspector's decision can be appealed before the Labour Court within 30 days.'
Razvi adds, 'Maintain all records and seek written responses. These will be key to proving discrimination, either directly or through timing and circumstantial evidence.'
While the Reddit post originated outside India, it has brought into sharp focus the universal vulnerability faced by women during pregnancy. In India, however, as these experts affirm, the law is firmly on the side of the expecting employee, provided she knows her rights and takes timely action.