Hi, I am working in a company based in Gurgaon. It is one of the big MNCs and has 10,000 employees in India. It is a US-based company and is very well known. When my manager came to know that I am pregnant, she tried to put me on a Performance Improvement Plan. I declined it because she informed me that after 20th Jan 2018 (1-month performance calculation from 18th Dec 2017 to 18th Jan 2018), they may issue a relieving letter. I declined this over email, and on the same day, I approached HR. When HR discussed this with me, they suggested I wait for 2 days. During the discussion, HR was not in favor of me as well. I have worked for more than 10 years in this company. Please suggest:
1. Can the company ask me to resign during pregnancy?
2. Can I take some leaves in January even though my manager refused, but my doctor advised me to take 1 leave per week?
3. What should I do if they insist on resignation?
4. Can someone put a pregnant woman on a Performance Improvement Plan when she is expecting more rest during pregnancy?
Awaiting quick responses. I will update my final results, which may help others.
From India, Delhi
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1. Can the company ask me to resign during pregnancy?
2. Can I take some leaves in January even though my manager refused, but my doctor advised me to take 1 leave per week?
3. What should I do if they insist on resignation?
4. Can someone put a pregnant woman on a Performance Improvement Plan when she is expecting more rest during pregnancy?
Awaiting quick responses. I will update my final results, which may help others.
From India, Delhi
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Have you officially informed your company about your pregnancy with a doctor's report?
Employment of, or work by, women is prohibited during a certain period.
(1) No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery or her miscarriage.
(2) No woman shall work in any establishment during the six weeks immediately following the day of her delivery or her miscarriage.
(3) Without prejudice to the provisions of section 6, no pregnant woman shall, on a request being made by her in this regard, be required by her employer to do any work during the specified period in sub-section (4) that is arduous in nature, involves long hours of standing, or in any way is likely to interfere with her pregnancy or the normal development of the fetus, or is likely to cause her miscarriage or otherwise adversely affect her health.
(4) The period mentioned in sub-section (3) shall be:
(a) the period of one month immediately preceding the period of six weeks before the expected delivery date;
(b) any period during the said six-week period for which the pregnant woman does not avail of leave of absence under section 6.
Section 10 of the act may also be referred to.
This is what the law has to say about your situation. You need to diplomatically but firmly inform management about her health requirements. It is not easy to dismiss a person during her pregnancy period. Formally request leave as per medical advice and request that a PIP be conducted subsequently after you rejoin. Be diplomatic. There is a certain amount of legal support for a pregnant employee.
From India, Pune
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3251Employment of, or work by, women is prohibited during a certain period.
(1) No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery or her miscarriage.
(2) No woman shall work in any establishment during the six weeks immediately following the day of her delivery or her miscarriage.
(3) Without prejudice to the provisions of section 6, no pregnant woman shall, on a request being made by her in this regard, be required by her employer to do any work during the specified period in sub-section (4) that is arduous in nature, involves long hours of standing, or in any way is likely to interfere with her pregnancy or the normal development of the fetus, or is likely to cause her miscarriage or otherwise adversely affect her health.
(4) The period mentioned in sub-section (3) shall be:
(a) the period of one month immediately preceding the period of six weeks before the expected delivery date;
(b) any period during the said six-week period for which the pregnant woman does not avail of leave of absence under section 6.
Section 10 of the act may also be referred to.
This is what the law has to say about your situation. You need to diplomatically but firmly inform management about her health requirements. It is not easy to dismiss a person during her pregnancy period. Formally request leave as per medical advice and request that a PIP be conducted subsequently after you rejoin. Be diplomatic. There is a certain amount of legal support for a pregnant employee.
From India, Pune
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Dear Nathrao Sir,
Yes, I have already informed the company in August that I am pregnant. I had taken a one-month leave in September as well (leave without pay).
As advised by you, I am going to write to them (HR and my manager) today that my doctor and health do not allow me to work all days, and I would take a leave every week. Also, I would not accept this performance improvement until my maternity leave is over.
Please suggest if there is anything else I should include in this message to HR.
From India, Delhi
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Yes, I have already informed the company in August that I am pregnant. I had taken a one-month leave in September as well (leave without pay).
As advised by you, I am going to write to them (HR and my manager) today that my doctor and health do not allow me to work all days, and I would take a leave every week. Also, I would not accept this performance improvement until my maternity leave is over.
Please suggest if there is anything else I should include in this message to HR.
From India, Delhi
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Have a courteous interaction with HR.
Explain problems with supporting medical documents. Law supports you, but you need to be careful and cooperative on work matters. PIP can be rescheduled after your health improves.
From India, Pune
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Explain problems with supporting medical documents. Law supports you, but you need to be careful and cooperative on work matters. PIP can be rescheduled after your health improves.
From India, Pune
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Dear friend,
It is my sincere advice not to resign even though management is putting pressure on you. This is the stage where you need to remain calm and composed. Whenever you put anything in writing, such as a leave application, it should be associated with the prescription where sufficient precautions and dos and don'ts have been advised by the doctor for you. The major issue here is that some people in the organization do not respect rules and lack empathy. I advise you to consult a consultant who is the best in the field and to consider moving on. Wishing you a safe delivery.
From India, Mumbai
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It is my sincere advice not to resign even though management is putting pressure on you. This is the stage where you need to remain calm and composed. Whenever you put anything in writing, such as a leave application, it should be associated with the prescription where sufficient precautions and dos and don'ts have been advised by the doctor for you. The major issue here is that some people in the organization do not respect rules and lack empathy. I advise you to consult a consultant who is the best in the field and to consider moving on. Wishing you a safe delivery.
From India, Mumbai
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Performance Improvement Plan.doc