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Hi there,

Giving almost 15-20 days of leave for a pregnant lady is appreciated.

In case, as you assume, the person might ask for a long leave of LOP before she approaches you:

- Check if the person is dependent on the job.
- Just do a little background verification (that would help you to find out if she is much dependent). Friends, colleagues, and community websites would help.
- If she is dependent, try to find out if she could be given the work-from-home option or find a replacement on a contract basis (at this time of recession, we can certainly find one).
- Request the person to share her knowledge with the replacement for some time so that, in case she is unable to continue, the other person can take over smoothly.
- Ensure the employee feels assured of her job upon return within the committed time, as she might not have shared all the necessary knowledge in case she planned to quit.
- Try to build a good rapport between the new employee and the pregnant employee.
- Have the agreement in writing.

What do you say?

Regards,
Priya

From India, Madras
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I think you should appoint someone on contract basis or else go for outsourcing agencies who gives temporary staff.
From India, Mumbai
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You can explore other options like: Allow work from home Let her become part timer or work for half day
From India, Delhi
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Dear JMRATNA,

Please inform all the members about the decision that you or the management have made on this issue. This is very important because we often only receive questions and miss out on the decision that has been made.

Regards, Shiv

From India, Bangalore
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That's true, Shiv and Priya. Even I feel many times that after a lot of sharing and discussion, we end up not knowing the outcomes. Though sharing will not stop, knowing the outcomes will help a lot in knowledge building. These are all good HR cases.

Regards,
Rahul

From India, Mumbai
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Decision shall depend solely on the merits of the case. Sanctioning leave is the prerogative of the management, and if possible, on humanitarian grounds, leave may be considered. Otherwise, report for work. If one does not report, initiate disciplinary action, which may lead to termination of employment.

As per the Maternity Benefit Act, for non-ESI (i.e., Rs.10,000/- gross & above), the company will pay wages for 84 days. In the case of ESI-covered employees, ESIC will extend 84 days of cash benefits.

When an employee is on ESI leave, termination cannot be implicated.

From India, Madras
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Dear Ratna,

Even though we are not aware of the type of business you have, it is evident that there is a well-established HR department. As an HR representative, your first step should be to personally meet with the concerned associate and try to understand their genuine problems. If possible, consult their doctor as well. Then, make a note of it and discuss with your immediate boss about the realistic possible facilities that you can arrange with the available resources. Always remember that any extra costs may hinder your intention to help. Based on my knowledge, after consulting with their doctor, you can come to a conclusion regarding the necessary actions to take. It is possible that no action will be required on your end as the concerned employee may be quite conscious about their health and family. There is also a chance that this initial complication may resolve on its own.

Thank you.

From India, Gurgaon
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Hi Ratna,

There will be many implications on the decisions if you are aware of the nature of the job - criticality and functions that the lady is in (if she has completed 80 days of service).

CASE A - If the lady in question is much more crucial to the end process of your value chain, then I advise you not to take any hasty steps to settle her account. I would rather prefer to go with 'Chum's advice but minus 'counsel for resignation'. Give her scope, as there will be many psychological matters associated with the first 'delivery'. Adjust her paid leaves (if any). You can also take the necessary permission and work with your 'System Administration' department to install the access and security features to her home computer terminal/laptop to enable her to work from home.

In the meantime, ask her to speak to her doctor to provide an approximate 'date of delivery'. This will help you manage her key jobs during the maternity schedule and her maternity leave.

CASE B - But if the lady is not that crucial and her absence in the team can be managed by sharing her responsibility with other teammates, then please do it. You can also take the advice as 'Ms. Sonali' had voiced - if you are confused about how to allocate the work in the already optimized work scenario. If you have any existing contracts with any manpower service provider firms, keep her in LOPs if she doesn't have any paid leaves. Counsel her to attend work and provide some alternate work which does not increase her fatigue/work pressure.

Let's, as HR professionals, provide our genuine concern to employees working with us and create an unbiased working environment.

With regards,

Jayesh Yohannan


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Hello JM Ratna,

I would suggest referring to The Maternity Benefit Act, 1961. Additionally, I recommend looking at it more from a humanitarian perspective. The employer and the employee could also come to a consensus mutually.

Thank you

From India, Pune
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Dear Ratna,

A female employee has just taken a one-month maternity leave. It's her right to take 84 days of maternity leave plus an additional one month if any problems arise due to pregnancy. You should grant her the aforementioned leave and make a decision afterward based on the situation at that time. As an HR person, we should support female employees; seeking quick fixes will not be beneficial in the long run. You should personally speak to the employee and inquire about the duration she means by "long leave."

Terminating or pressuring a female employee to resign (during her maternity leave) is not only legally incorrect but also unethical and morally wrong.

Thank you.

From India, Hyderabad
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