Hi, I work for a reputed company in Bangalore as a Regional Sales Manager. I joined the company in Jan '18. My immediate supervisor told me during the interview that it is a team-handling role, and after a month of joining, I started taking reporting of 7 executives. There is no clause of confirmation mentioned in my appointment letter. Hence, I am confirmed from day 1. I conceived in Feb '18, and as per the doctor's recommendation, I asked for a 1-month leave for the month of May '18. My manager approved verbally. I submitted all the relevant documents and certificates through mail to HR and my manager and applied for leave in the official system. Since I didn't accrue so many leaves, I asked the payroll department to treat those as LOP.
A few days prior to my joining, I had to call my manager to seek an extension of leave by a few more days due to medical concerns. He rudely denied and asked me to resign. I refused. But he kept on calling me seeking my resignation. I called my HR, politely informed about this and asked if she could help me. She immediately informed my superior boss and asked me to submit my prescriptions via mail. I did that.
Upon my return, my manager immediately instructed me not to take the reporting of my existing team, citing that my absence from work due to pregnancy is demotivating the team. I requested him to assign me some team members since, to meet the sales target, someone has to run around for client meetings, and in this situation, the doctor recommended reducing travel. He said he couldn't assign anyone from the existing team. Either I could hire freshers, or he could attend my meetings once a week. Given the nature of the business the company is in, both options are not viable to meet my target. He didn't consider my requests, and the verbal abuse continued daily for not meeting the sales target.
After 10 days of my return, he gave feedback that I am unable to meet my target now, and if it continues until the month end, I will be put on a PIP. He mentioned discussing this with HR and his superior boss. However, before proceeding on leave, I individually contributed 70% and 30% of the team's achievement consecutively, which I shared with my team members. I also received an award for my team's achievement and congratulations from seniors.
Please advise if my manager can put me on a PIP based on my performance in one month, especially in this medical condition with limitations. Can they terminate me and deprive me of maternity benefits? How can I secure my job and receive the maternity benefits due to me?
From India, Bengaluru
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A few days prior to my joining, I had to call my manager to seek an extension of leave by a few more days due to medical concerns. He rudely denied and asked me to resign. I refused. But he kept on calling me seeking my resignation. I called my HR, politely informed about this and asked if she could help me. She immediately informed my superior boss and asked me to submit my prescriptions via mail. I did that.
Upon my return, my manager immediately instructed me not to take the reporting of my existing team, citing that my absence from work due to pregnancy is demotivating the team. I requested him to assign me some team members since, to meet the sales target, someone has to run around for client meetings, and in this situation, the doctor recommended reducing travel. He said he couldn't assign anyone from the existing team. Either I could hire freshers, or he could attend my meetings once a week. Given the nature of the business the company is in, both options are not viable to meet my target. He didn't consider my requests, and the verbal abuse continued daily for not meeting the sales target.
After 10 days of my return, he gave feedback that I am unable to meet my target now, and if it continues until the month end, I will be put on a PIP. He mentioned discussing this with HR and his superior boss. However, before proceeding on leave, I individually contributed 70% and 30% of the team's achievement consecutively, which I shared with my team members. I also received an award for my team's achievement and congratulations from seniors.
Please advise if my manager can put me on a PIP based on my performance in one month, especially in this medical condition with limitations. Can they terminate me and deprive me of maternity benefits? How can I secure my job and receive the maternity benefits due to me?
From India, Bengaluru
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From the facts narrated, it appears that the company does not want to be burdened with maternity leave payments. The company is making excuses to create documentation of poor performance and lack of interest in work, while, as per what has been stated, all documents regarding medical conditions have been provided from time to time.
You may consider raising the issue to higher-ups in writing and obtain an acknowledgment of your letter. The company cannot legally stop your maternity benefits payments, but they can potentially create issues about keeping you on the payroll. It would be valuable to inquire about how previous female employees were treated when it came to maternity benefits as a guide to understanding the company's attitude.
Legal remedies do exist, but one must proceed with caution and take all necessary steps to resolve matters internally before involving labor officers and advocates.
Please ensure your query is structured into paragraphs for easier reading and understanding.
From India, Pune
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3251You may consider raising the issue to higher-ups in writing and obtain an acknowledgment of your letter. The company cannot legally stop your maternity benefits payments, but they can potentially create issues about keeping you on the payroll. It would be valuable to inquire about how previous female employees were treated when it came to maternity benefits as a guide to understanding the company's attitude.
Legal remedies do exist, but one must proceed with caution and take all necessary steps to resolve matters internally before involving labor officers and advocates.
Please ensure your query is structured into paragraphs for easier reading and understanding.
From India, Pune
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Hi,
You should be able to get your answers from the act itself. Refer to the link below. Most of the scenarios are covered in this document. You can act accordingly.
Link: [The Maternity Benefit Act, 1961](https://labour.gov.in/sites/default/files/TheMaternityBenefitAct1961.pdf)
Regards,
Santhosh
From India, Mumbai
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You should be able to get your answers from the act itself. Refer to the link below. Most of the scenarios are covered in this document. You can act accordingly.
Link: [The Maternity Benefit Act, 1961](https://labour.gov.in/sites/default/files/TheMaternityBenefitAct1961.pdf)
Regards,
Santhosh
From India, Mumbai
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Mr. Nathrao, thank you for your reply. I spoke to a couple of employees who returned from maternity leave. According to their feedback, the company is cooperative when the reporting authority is cooperative.
Should I write to HR about the chain of events?
From India, Bengaluru
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Should I write to HR about the chain of events?
From India, Bengaluru
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Mr. Santosh, Thanks for your reply. The link seems to be the older version of the act. Please correct me if I am wrong. Thanks
From India, Bengaluru
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From India, Bengaluru
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Resign.txt
Right to Resign & Notice period-SCOrder (CA No.7822-2011).p df