My friend, who gave birth on March 31st, started her maternity leave a day earlier on March 30th. Now, six weeks after her delivery, her boss, the company CEO, is pressuring her to take on some work. He’s also suggesting she change her work schedule from five days a week to half-day shifts. Is it legal for her employer to ask her to work before her full 12 weeks of maternity leave are up? Is the legally allowed maternity leave actually 12 weeks? What’s the best way for my friend to respond to her boss? Could she even take legal action for a hostile work environment?

Apni Law
Apni Law
Law Forum › Category: Labour & Service › My friend, who gave birth on March 31st, started her maternity leave a day earlier on March 30th. Now, six weeks after her delivery, her boss, the company CEO, is pressuring her to take on some work. He’s also suggesting she change her work schedule from five days a week to half-day shifts. Is it legal for her employer to ask her to work before her full 12 weeks of maternity leave are up? Is the legally allowed maternity leave actually 12 weeks? What’s the best way for my friend to respond to her boss? Could she even take legal action for a hostile work environment?
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Apni Law Staff asked 2 years ago

My friend, who gave birth on March 31st, started her maternity leave a day earlier on March 30th. Now, six weeks after her delivery, her boss, the company CEO, is pressuring her to take on some work. He’s also suggesting she change her work schedule from five days a week to half-day shifts. Is it legal for her employer to ask her to work before her full 12 weeks of maternity leave are up? Is the legally allowed maternity leave actually 12 weeks? What’s the best way for my friend to respond to her boss? Could she even take legal action for a hostile work environment?

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Best Answer

Apni Law Staff answered 2 years ago

Under Indian law, your friend is entitled to 12 weeks of maternity leave, and her employer cannot legally force her to work before that period ends. The best way for her to respond to her boss is to politely but firmly reiterate her right to complete her full maternity leave and her intention to do so. If her boss continues to pressure her or makes unreasonable demands, she can consult with a lawyer to explore options, including potential legal action for a hostile work environment.

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