My wife is in her seventh month of pregnancy, and her company sent her a Performance Improvement Plan (PIP) email, stating that her performance has been low for the past six months, even though she has been providing extended support. On September 26th, her manager sent an email to the upper manager requesting timesheets to log her effort. In that email, he mentioned that she would be going on maternity leave after November 30th. However, the very next day, on September 27th, she received the PIP email. She talked with her manager, and he is saying, 'I have not given your feedback; this is an organization-level decision.'
She applied for maternity leave starting on October 17th due to some health issues, but they are not approving her maternity leave, citing that she is in the PIP period.
If they send a termination email, what should she do?
From India, Mumbai
She applied for maternity leave starting on October 17th due to some health issues, but they are not approving her maternity leave, citing that she is in the PIP period.
If they send a termination email, what should she do?
From India, Mumbai
Hi,
Termination during pregnancy period is not legal and Employer have no right to terminate during pregnancy even if it is performance related issue. This can be challenged through Labour Office of that office juridiction. Copy of maternity leave request application any official communication recieved from employer should preserved safely for further proceedings.
From India, Madras
952Termination during pregnancy period is not legal and Employer have no right to terminate during pregnancy even if it is performance related issue. This can be challenged through Labour Office of that office juridiction. Copy of maternity leave request application any official communication recieved from employer should preserved safely for further proceedings.
From India, Madras
f they send a termination email, what should she do? // Many landmark judgements are present to get reinstatement in courts . In fact these issues will be addressed in Labour office itself before getting a failure report.
Report to ACL/JCL on the layoff threats to pregnant employee. Please reach to trade unions in Maharastra for guidance.
Voice of IT Professionals. RegNo.568/KPM
Formerly
Trade union for Tamilnadu IT Professionals Forum
Chennai, Tamil Nadu, India
+91 94447 64983
voiceofitprofessionals@gmail.com
tamilnaduemployeesforum.wordpress.com
From India, Chennai
Report to ACL/JCL on the layoff threats to pregnant employee. Please reach to trade unions in Maharastra for guidance.
Voice of IT Professionals. RegNo.568/KPM
Formerly
Trade union for Tamilnadu IT Professionals Forum
Chennai, Tamil Nadu, India
+91 94447 64983
voiceofitprofessionals@gmail.com
tamilnaduemployeesforum.wordpress.com
From India, Chennai
The employer would try to invoke the provisio to subsection (2)(a) of section 12 which says that:
"Provided that where the dismissal is for any prescribed gross misconduct the employer may, by order in writing communicated to the woman, deprive her of the maternity benefit or medical bonus or both". However, in order to invoke this section, the PIP should be a 'misconduct' as per the contract of employment/ Employee Handbook or Certified Standing Orders which defines the employee employer relationship. In some companies, the bad performance has been treated as dereliction of duty on the basis of which the contract of employment could be terminated. Therefore, the act of management should be viewed as a deliberate attempt to avoid payment of maternity benefits. Therefore, you need to ask for the performance track from the reporting officer. PIP cannot be initiated without a performance evaluation and therefore, you can very well ask for the performance evaluation report for the past period.
From India, Kannur
"Provided that where the dismissal is for any prescribed gross misconduct the employer may, by order in writing communicated to the woman, deprive her of the maternity benefit or medical bonus or both". However, in order to invoke this section, the PIP should be a 'misconduct' as per the contract of employment/ Employee Handbook or Certified Standing Orders which defines the employee employer relationship. In some companies, the bad performance has been treated as dereliction of duty on the basis of which the contract of employment could be terminated. Therefore, the act of management should be viewed as a deliberate attempt to avoid payment of maternity benefits. Therefore, you need to ask for the performance track from the reporting officer. PIP cannot be initiated without a performance evaluation and therefore, you can very well ask for the performance evaluation report for the past period.
From India, Kannur
She is on leave now, but still they are not approved leaves. What should we do if they not paid salary for this month?
From India, Mumbai
From India, Mumbai
You cannot take maternity leave more than 8 weeks prior to the date of delivery. Therefore, if her expected date of delivery is within this, she can apply for the benefits stating that she would be under maternity leave from.......till.........
There is a format for the same but I am not sure whether the same is same for all the states. The one appended is actually used in Mines and Circus but you can use it universally also.
Maternity Benefit Act,1961
FORM E: Notice under Section 6 of the Maternity Benefit Act, 1961 for Proceeding on Maternity Leave
To
___________________
I _________ (name of woman) wife/ daughter of ___________ employed as _______ at ______ (name of establishment), hereby give notice that I expect to be confined within eight weeks next following from the date of this notice/ have given birth to a child on _____ (date) and shall be absent from work from _______ (date). I shall not work in any establishment during the period for which I receive maternity benefit.
2. For the purpose of section 7, I hereby nominate ______ (here enter name and address of the nominee) to receive maternity benefit and/ or any other amount due to me under the Act in case of my death.
Signature of thumb impression of woman
Date _____________
Please note that the above leave request is legally binding but a formal letter informing the employer of the expected date of delivery would be acceptable. If the leave is within 8 weeks of expected date of delivery, the employer cannot refuse it.
Please note that the maternity benefits is available to those employed in the organisation which is covered by Maternity Benefits Act. A factory or mine is covered by the Act without reference to number of employees but a commercial establishment is covered only when it has at least 10 employees.
From India, Kannur
There is a format for the same but I am not sure whether the same is same for all the states. The one appended is actually used in Mines and Circus but you can use it universally also.
Maternity Benefit Act,1961
FORM E: Notice under Section 6 of the Maternity Benefit Act, 1961 for Proceeding on Maternity Leave
To
___________________
I _________ (name of woman) wife/ daughter of ___________ employed as _______ at ______ (name of establishment), hereby give notice that I expect to be confined within eight weeks next following from the date of this notice/ have given birth to a child on _____ (date) and shall be absent from work from _______ (date). I shall not work in any establishment during the period for which I receive maternity benefit.
2. For the purpose of section 7, I hereby nominate ______ (here enter name and address of the nominee) to receive maternity benefit and/ or any other amount due to me under the Act in case of my death.
Signature of thumb impression of woman
Date _____________
Please note that the above leave request is legally binding but a formal letter informing the employer of the expected date of delivery would be acceptable. If the leave is within 8 weeks of expected date of delivery, the employer cannot refuse it.
Please note that the maternity benefits is available to those employed in the organisation which is covered by Maternity Benefits Act. A factory or mine is covered by the Act without reference to number of employees but a commercial establishment is covered only when it has at least 10 employees.
From India, Kannur
They are planning to send a termination email on 27th October as her PIP period will complete on the 27th. She heard from colleagues that they have already decided to terminate her. What can we do now? My wife has been on maternity leave since 17th October, but they have not approved her leave yet. Her expected delivery date is 22nd December, but due to some complications, she had to take leave from 17th October.
They are aware of all the details, but they do not want to keep her in the company.
From India, Mumbai
They are aware of all the details, but they do not want to keep her in the company.
From India, Mumbai
She should have started her leave before she is actually eligible for maternity leave. But that cannot ne a ground for termination. She can file a complaint before the appropriate authority for illegal termination of employment knowing that she is pregnant and just to deprive her of the maternity benefits.
From India, Kannur
From India, Kannur
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Performance Improvement Plan.doc