My wife works in a factory(MNC) which requires 30 kms travel one way. Doctor advised her not to travel during first trimester to avoid miscarriages. She informed her manager and HR, and started working from Home. Co. is telling that there is no work from home policy. After almost 1 month of work from home, her manager is telling that she should apply leaves or take loss of pay. And telling that she hasn't worked although there are enough proofs to substantiate. Moreover, her manager is taunting continuously that she is skipping important meetings by not coming to factory without considering her health condition. She has submitted medical certificate and the factory doctor also agreed that she needs rest.Can she take any legal action? What is the best way to address this ? Can she quote any legal rules while talking to HR, coz HR is not supportive as well.
From Sweden, undefined
From Sweden, undefined
Legal position:
4. Employment of, or work by, women prohibited during certain period. -- (1) No
employer shall knowingly employ a woman in any establishment during the six weeks
immediately following the day of her delivery or her miscarriage.
(2) No woman shall work in any establishment during the six weeks immediately
following the day of her delivery of her miscarriage.
(3) Without prejudice to the provisions of section 6, no pregnant woman shall, on a
request being made by her in this behalf, be required by her employer to do during the
period specified in sub-section (4) any work which is of an arduous nature or which
involves long hours of standing or which in any way is likely to interfere with her
pregnancy or the normal development of the foetus, or is likely to cause her miscarriage
or otherwise to adversely affect her health.
(4) The period referred to in sub-section (3) shall be –
(a) at the period of one month immediately preceding the period of six weeks, before
the date of her expected delivery;
(b) any period during the said period of six weeks for which the pregnant woman does
not avail of leave of absence under section 6.
What is the expected due date?
A woman looking forward to maternity benefits could ask the employer to give her light work for a month. Such request should be made atleast 10 weeks before the date of her expected delivery. At that time she needs to produce a certificate confirming her pregnancy. (Section 5)
In this case she may be required to take some amount of leave without pay.
From India, Pune
31314. Employment of, or work by, women prohibited during certain period. -- (1) No
employer shall knowingly employ a woman in any establishment during the six weeks
immediately following the day of her delivery or her miscarriage.
(2) No woman shall work in any establishment during the six weeks immediately
following the day of her delivery of her miscarriage.
(3) Without prejudice to the provisions of section 6, no pregnant woman shall, on a
request being made by her in this behalf, be required by her employer to do during the
period specified in sub-section (4) any work which is of an arduous nature or which
involves long hours of standing or which in any way is likely to interfere with her
pregnancy or the normal development of the foetus, or is likely to cause her miscarriage
or otherwise to adversely affect her health.
(4) The period referred to in sub-section (3) shall be –
(a) at the period of one month immediately preceding the period of six weeks, before
the date of her expected delivery;
(b) any period during the said period of six weeks for which the pregnant woman does
not avail of leave of absence under section 6.
What is the expected due date?
A woman looking forward to maternity benefits could ask the employer to give her light work for a month. Such request should be made atleast 10 weeks before the date of her expected delivery. At that time she needs to produce a certificate confirming her pregnancy. (Section 5)
In this case she may be required to take some amount of leave without pay.
From India, Pune
Swedish laws will apply.So you will have to check up in case both are working in Sweden,
From India, Pune
From India, Pune
Good point. There is no mention of location, so we all assumed that Indian laws will apply.
If the Company does not have a work from home policy, you can't force the issue.
If you can't get to the office, then you need to take leave. They are willing to offer you leave without pay.
If you think you are entitled to sit at home and get full pay, that's not going to work. It is obvious that the Company is not happy with preformance of employees not present. Specially where it results in meetings been missed and someone else had to take the load.
Since the option is being given to take medical leave, u would be better off taking it.
Your legal action would have no basis unless the swidish laws have a provision for it specifically
From India, Mumbai
If the Company does not have a work from home policy, you can't force the issue.
If you can't get to the office, then you need to take leave. They are willing to offer you leave without pay.
If you think you are entitled to sit at home and get full pay, that's not going to work. It is obvious that the Company is not happy with preformance of employees not present. Specially where it results in meetings been missed and someone else had to take the load.
Since the option is being given to take medical leave, u would be better off taking it.
Your legal action would have no basis unless the swidish laws have a provision for it specifically
From India, Mumbai
Hello Dileep,
Further to what other members mentioned/suggested, you posting does give an impression that you want to have the cake & eat it also.
What do you mean by this line '.....coz HR is not supportive as well' ? So IF HR, whatever the Company Rules may be, agrees to push your wife's case with the management, then this HR is supportive?
Pl also understand that NOT ALL job roles can qualify for Work-from-Home. You have not mentioned your wife's role/function in this MNC. IF it's anything related to regular Production activity, I don't see any grounds for it to be eligible for Work-from-Home, irrespective of whether this Company has such a Policy or not......since Production [and all related functions] is essentially a team effort needing daily/frequent production floor visits & meetings.
Since the Company has given your wife the option of Leave with loss of Pay, the choice is your's & your wife's--whether it's the well-being of your unborn kid OR Salary.
Rgds,
TS
From India, Hyderabad
Further to what other members mentioned/suggested, you posting does give an impression that you want to have the cake & eat it also.
What do you mean by this line '.....coz HR is not supportive as well' ? So IF HR, whatever the Company Rules may be, agrees to push your wife's case with the management, then this HR is supportive?
Pl also understand that NOT ALL job roles can qualify for Work-from-Home. You have not mentioned your wife's role/function in this MNC. IF it's anything related to regular Production activity, I don't see any grounds for it to be eligible for Work-from-Home, irrespective of whether this Company has such a Policy or not......since Production [and all related functions] is essentially a team effort needing daily/frequent production floor visits & meetings.
Since the Company has given your wife the option of Leave with loss of Pay, the choice is your's & your wife's--whether it's the well-being of your unborn kid OR Salary.
Rgds,
TS
From India, Hyderabad
There seems to be no discrimination or harassment in this case. An employer can not offer more than what the law stipulates and in this case the employer has offered leave. When they have offered leave without pay, it should be interpreted that her service is not discontinued or disrupted due to this Leave without pay. In such scenario how can you demand that the leave should be paid leaves and think of any legal action against the employer? In my opinion the HR has done what he can do and has been very supportive by getting approval for allowing leave without pay.
Remember that just by giving employment to women no employer should be asked to take up responsibilities beyond his control. Also remember that the proposed amendment of increasing the maternity leave from 12 weeks to 24 weeks (or even more, with 2 years' child care leave till the child attains 12 years of age) has been kept on hold because of one major factor that the proposal would reduce the employability of women.
Madhu.T.K
From India, Kannur
Remember that just by giving employment to women no employer should be asked to take up responsibilities beyond his control. Also remember that the proposed amendment of increasing the maternity leave from 12 weeks to 24 weeks (or even more, with 2 years' child care leave till the child attains 12 years of age) has been kept on hold because of one major factor that the proposal would reduce the employability of women.
Madhu.T.K
From India, Kannur
My sincere advice to the employee if you incur loss of pay never mind your health and baby health us more important than the work.
The HR Manager of your company should in turn abide by the regulations of Maternity Benefit Act 1961 and more than this he should be a humane. Apart from this he should also note that other employees will be watching him and there is no point in HR program that he rolls out to bond if he is not resolving this.
From India, Bangalore
The HR Manager of your company should in turn abide by the regulations of Maternity Benefit Act 1961 and more than this he should be a humane. Apart from this he should also note that other employees will be watching him and there is no point in HR program that he rolls out to bond if he is not resolving this.
From India, Bangalore
I think everyone has mistaken a major point. My wife is in non-production related work where work from home is possible. And her manager has informed her to apply for leave or LOP after she has worked from home for 1 month, meeting the deliverables. Which means salary for the period she has worked is being denied on the ground that there is no wfh policy.
From Sweden, undefined
From Sweden, undefined
Dileep
No one here has mistaken any point while discussing this issue.
Most of the posters are people with immense experience in HR and other fields.
Try and understand that the company did not feel the need for policy of work at home.they may have their own reasons.It becomes difficult for a company to frame a policy for one person.
You have to abide by what the company finally decides.Legally no-one can compile the company to allow work at home-whatever be nature of work of employee.
I understand your POV,but then company policy is what matters.
From India, Pune
No one here has mistaken any point while discussing this issue.
Most of the posters are people with immense experience in HR and other fields.
Try and understand that the company did not feel the need for policy of work at home.they may have their own reasons.It becomes difficult for a company to frame a policy for one person.
You have to abide by what the company finally decides.Legally no-one can compile the company to allow work at home-whatever be nature of work of employee.
I understand your POV,but then company policy is what matters.
From India, Pune
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Creche under Maternity Benefit Act.pdf
MATERNITY BENEFIT ACT 2009.doc