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Dear All,

I need your advice for the below-mentioned problem. One of my female employees is pregnant (she is in her first month of pregnancy). The doctor has advised her to take bed rest, so she has requested for a 15-20 days leave, which we have allowed. Now, knowing her condition, I am unsure if she will return or not.

If she informs us that she will be on a long leave with Loss of Pay (LOP) and wishes to continue with us, but we cannot afford to grant her a long leave because we do not have any other resources for her work. Therefore, I am seeking suggestions from you all: Can we legally ask a person to discontinue if she requests a long leave?

Thanks a ton in advance.

From India, Bangalore
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Do not punish women employees for pregnancy. Almighty will not forgive you for this crime. Business cannot be prospered at the cost of humanity.

Employ some temporary employees in her place until she recovers. You can ask employees to bring someone who wants to take a temporary job to replace the pregnant employee.

Partho

From Saudi Arabia
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Hi,

I very much agree with Partha. This is something that is not in the hands of that female employee of yours. Probably this being the initial phase of her pregnancy, she is facing some health issues. You can create one temporary position in the company and keep that employee as a backup. In case your pregnant employee comes back to work, it's good for the organization, and there will be someone to share her workload. Moreover, she'll also need a break at the time of delivery for a few months. During that period, this temporary position person can be very helpful as, by that time, he'll be totally trained in the particular skills.

Please don't remove any pregnant employee. Someone who has served the company with full loyalty and sincerity always needs the support of the company in her hard times. :)

Regards, Hrefox

From India, Hyderabad
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Dear Partha,

Appreciable comment and good view. All the best!

Dear Hrefox,

I understand your post. Whereas, according to the employment law of India, termination on account of pregnancy can lead to imprisonment. In the view of humanity and respect for women, I suggest:

1. Possibility of working from home.
2. Possibility of working on alternate days.
3. Explain the situation and outline the chances of returning to the job.

Maternity lasts about 1.6 years, so plan accordingly.

Regards,
Shiv

From India, Bangalore
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chum
18

Hi Ratna,

Men may come, men may go, but thee is forever! You cannot predict the future. In this case, the female seems to be physically weak, and as you said, it is her first month of her pregnancy, surely she will not be back for the next one year!

Please take it for granted, you are not punishing her by giving termination, but you are going to provide employment for one more resource. This is a very sensitive issue where the company is in a helpless situation. By heart as a human being, we could feel sympathy and one step more - empathy too, but business/work should not stop for a single person.

Ratna, you have two options, one is to try for a temporary replacement and the other is to meet her in person, explain the situation, counsel her, support her mentally and financially, and encourage her to resign. As I said before, the future is unpredictable, you don't know what will happen in the future; who knows, you may recruit her again for the same position!!! The ball is in your court.

From India, Mangaluru
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Hi Ratna,

I would suggest that you keep the person on the payroll but check if there is any way she can work from home. Additionally, you can hire a project trainee to assist with the department's work or hire someone temporarily.

From India, Madras
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dear i too agree with mr chum.we are doing business and it is not possible to give this much long leave. tks j s malik
From India, Delhi
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Dear Chum, Malik & Ravi,

Why does Human Resource Management exist in the organization? A pink slip is not the final conclusion. Are there any other possibilities for retaining and supporting the employee?

Really looking forward to the reply.........:-D

Regards,
Shiv

From India, Bangalore
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Hi,

As far as providing alternate options is concerned, Shiva is correct, and for alternative things, Chum is also correct. I don't agree with Mr. Ravi that emotions don't have a place... instead, these are the emotions which we always transact. For this case, alternate options are fine as long as work does not suffer. It also depends upon the company's outlook. Legally, we should not do anything wrong. Please look at the matter first, see the report and the information why Dr. recommended rest since the beginning of pregnancy. I don't know the structure of your organization, I mean whether work can be shared or not... things are situational and also depend upon the gravity of that lady....

We need to handle compassionately and also make sure that work should not be affected. It's only about legally correct things as well as our approach to the issue.

Regards,

From India, Mumbai
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🔹 User input:
I am surprised when people working in HR talk of inhuman actions.

Motherhood is something for which a woman should not be penalized. Any good organization should work on the principle of equal opportunity. When you are thinking of terminating a female employee just because her biological condition is not permitting her to work, don't boast about being a humane organization.

Please explore other options first, and termination should be the last thing on your mind. Provide some work-from-home opportunities, half-day work for half-day salary, or temporary deputation of another employee.

Regards,
YS

From India, Chandigarh
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