I have recently joined a new company as their new Head of HR. One of the current employees is pregnant, but our records show that her performance has been poor in the past even before she was pregnant. Her department head is not satisfied with her performance either and wants to terminate her contract.
My colleagues have told me that before my predecessor, she used to cry a lot in front of him as an excuse when she was told about her poor performance. With her recent poor performance, she went to the doctor and said it was depression from her pregnancy causing her job performance to decline.
Does anyone have any suggestions or experience dealing with this kind of situation before in resolving the issue? Your help would be appreciated.
From Hong Kong, Central District
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2My colleagues have told me that before my predecessor, she used to cry a lot in front of him as an excuse when she was told about her poor performance. With her recent poor performance, she went to the doctor and said it was depression from her pregnancy causing her job performance to decline.
Does anyone have any suggestions or experience dealing with this kind of situation before in resolving the issue? Your help would be appreciated.
From Hong Kong, Central District
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Dear Phillyhk,
Here, I would like to mention that in the case of maternity, you cannot involve matters like poor performance. If she was performing poorly, then you or your management should have terminated her earlier. Now, if you terminate her and she takes legal action against you, you might have to face the consequences.
So, think again.
Regards,
Abhishek
From India, New Delhi
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Here, I would like to mention that in the case of maternity, you cannot involve matters like poor performance. If she was performing poorly, then you or your management should have terminated her earlier. Now, if you terminate her and she takes legal action against you, you might have to face the consequences.
So, think again.
Regards,
Abhishek
From India, New Delhi
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Hi,
You should ascertain whether the ESI Act or the Maternity Benefit Act is applicable to your organization. These Acts lay down restrictions on any action against an employee during pregnancy.
In any case, one should not take any action while an employee is pregnant and also for a certain period after delivery. You are required not to give her strenuous work even after delivery.
Cyril
From India, Nagpur
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You should ascertain whether the ESI Act or the Maternity Benefit Act is applicable to your organization. These Acts lay down restrictions on any action against an employee during pregnancy.
In any case, one should not take any action while an employee is pregnant and also for a certain period after delivery. You are required not to give her strenuous work even after delivery.
Cyril
From India, Nagpur
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Yes, I also don't suggest taking any action during this period. You may consider implementing some form of job rotation or even discussing her interests in different work areas to place her in a role where her confidence and skills can be utilized more effectively.
From India
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From India
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Don't remove her now from her job, especially when she is availing maternity leave. You may proceed with action against her after 45 days of her coming back to work. If she has provided any document or certificate stating that she has been diagnosed with depression, then you can remove her from the job on grounds that she is not mentally fit for the job, as she is found suffering from depression.
From India, Mumbai
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From India, Mumbai
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Dear Phillyhk,
I also very much agree with what is being suggested. Please do not terminate the services of the lady in question at present. Wait for her to recover post her delivery. Once the doctor certifies her as fit for work, wait and appraise her work. Keep her in the loop. In case her work is still not up to the mark, inform her in writing. Finally, give her an option to either quit on her own or opt for job rotation into another department of her interest. If her performance is still unsatisfactory, notify her in writing. At all points, ensure that this written communication is received by her and that she signs a copy of the communication, which should be retained with you.
After one more evaluation, you can then decide and counsel her, giving her the option to either leave or be terminated.
From India, New Delhi
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I also very much agree with what is being suggested. Please do not terminate the services of the lady in question at present. Wait for her to recover post her delivery. Once the doctor certifies her as fit for work, wait and appraise her work. Keep her in the loop. In case her work is still not up to the mark, inform her in writing. Finally, give her an option to either quit on her own or opt for job rotation into another department of her interest. If her performance is still unsatisfactory, notify her in writing. At all points, ensure that this written communication is received by her and that she signs a copy of the communication, which should be retained with you.
After one more evaluation, you can then decide and counsel her, giving her the option to either leave or be terminated.
From India, New Delhi
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Hi,
I am very concerned with the attitude of the senior and you as HR head. While we run a corporate business, we are expected to be sensitive towards the requirements of individuals so that we do not segregate our teams into haves and have nots. What kind of example are we trying to give to all the employees? We are clearly trying to state that my organization will not tolerate pregnant employees. As the head of HR, I expect that you should support your employees in times of distress. Temporary phases of distress will come in everyone's life; we stand by our coworkers - we do not push them away.
I am glad that you have had the courage to raise this issue in an open forum without worrying too much about the collateral damage being done to your personality by sharing your thought process. If the senior was concerned about the poor performance of the individual, what concrete actions has he/she initiated prior to knowing about her pregnancy? If none, then you need to take note of the attitudinal problem of the senior. The senior can foresee a prolonged absence of the individual, which is causing jitters in his mind. He has been tolerating an average performer but has shown immediate reluctance to continue with the same employee because of the current situation.
I recommend empathy for all coworkers to help them perform better. Follow Stephen Covey's Seven Habits, especially - first understand before being understood. Take an inside-out approach.
Look at the boss first - do not be in a hurry to dismiss your employee. That may seem to be the easiest path but it is not.
Brigadier Ashwani Kumar
From India, Delhi
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I am very concerned with the attitude of the senior and you as HR head. While we run a corporate business, we are expected to be sensitive towards the requirements of individuals so that we do not segregate our teams into haves and have nots. What kind of example are we trying to give to all the employees? We are clearly trying to state that my organization will not tolerate pregnant employees. As the head of HR, I expect that you should support your employees in times of distress. Temporary phases of distress will come in everyone's life; we stand by our coworkers - we do not push them away.
I am glad that you have had the courage to raise this issue in an open forum without worrying too much about the collateral damage being done to your personality by sharing your thought process. If the senior was concerned about the poor performance of the individual, what concrete actions has he/she initiated prior to knowing about her pregnancy? If none, then you need to take note of the attitudinal problem of the senior. The senior can foresee a prolonged absence of the individual, which is causing jitters in his mind. He has been tolerating an average performer but has shown immediate reluctance to continue with the same employee because of the current situation.
I recommend empathy for all coworkers to help them perform better. Follow Stephen Covey's Seven Habits, especially - first understand before being understood. Take an inside-out approach.
Look at the boss first - do not be in a hurry to dismiss your employee. That may seem to be the easiest path but it is not.
Brigadier Ashwani Kumar
From India, Delhi
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Dear Brig Sir I also agree with you. I have put the same thought in very short. Regards Ravindran
From India
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From India
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Dear Phillyhk, Greetings! I also very much agree with what is being suggested. Go for JOB ROTATION instead terminating her. Rgds, John N
From India, Madras
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From India, Madras
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A lot has been said. Indeed, you cannot terminate the pregnant employee's appointment. The best you can do now is to check whether counseling can work, transferring her to another dept/section, or giving her new responsibilities. The harm has already been done. For me, it provides an opportunity for you to take a look at your systems. For instance, how do you handle poor-performing employees? This is an issue that should have been handled by the Line Manager a long time ago. I personally think HR should make sure that the Line Manager's responsibilities are made clear and HR seen as an in-house consultant. Are there records to really show that she is a poor performer? Does the organization take appraisals seriously?
Best regards,
Nana
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Best regards,
Nana
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While I am not trying to be controversial, I am sure this group has a lot of people with great organizational behavioral experience. Have you heard of experiments that have proven that performance issues are more related to process and hygiene issues than to individual factors?
Rotation would be a great choice.
From India, Mumbai
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Rotation would be a great choice.
From India, Mumbai
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I agree with brig. I have a similar situation, but the employee was not given any notes by the doctor regarding working during her pregnancy. She has been a poor performer but was never given any formal disciplinary notices. After receiving her first verbal warning, she told the manager she is pregnant. She has not returned a doctor's note stating she should not be doing her regular duty or that her performance and absences are due to her pregnancy.
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Excellent posts by my fellow colleagues, especially John and Brig. Well, if a person is not performing, their line manager is more at fault. Ideally, the employee should be given an opportunity by being placed in another work area where their skillsets may be better utilized.
A similar question arises at the time of annual appraisal, wherein I find plenty of managers openly complaining that some people are not good performers. The question is, what has the manager been up to for the last year?
Another similar predicament in favor of internal job posting/job rotation arises when, for example, one of the business units faces closure. HR tries to absorb as many people as possible.
Surya
From India, Delhi
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A similar question arises at the time of annual appraisal, wherein I find plenty of managers openly complaining that some people are not good performers. The question is, what has the manager been up to for the last year?
Another similar predicament in favor of internal job posting/job rotation arises when, for example, one of the business units faces closure. HR tries to absorb as many people as possible.
Surya
From India, Delhi
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I agree with Brigadier. Termination should in this senerio not be an option. I suggest investigation of the reason why the poor performance and based on the findings a suitable solution.
From United Arab Emirates, Dubai
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From United Arab Emirates, Dubai
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I am totally satisfied with the above comments. Also, it is important to note that it is illegal to terminate a pregnant woman. During this period, she experiences a lot of tensions, stress, and responsibilities. Pregnancy is a critical time for any woman. As HR professionals, we should provide her with a comfortable environment and refrain from assessing her performance during this period. It is unjust to evaluate her performance, especially during this time.
Vijayender Chandel
From India, Shahkot
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Vijayender Chandel
From India, Shahkot
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Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf