Hi,
My wife was working in a software company for the last 4.5 years. After spending so many years at one place, she decided to change jobs. She finally received an offer from a reputed Indian MNC, and they agreed upon a joining date of 25th July. However, on the same day, my wife and I found out that she is pregnant. We immediately contacted a doctor, and she suggested that my wife should take at least 4 weeks of bed rest for the proper development of the pregnancy and for the well-being of the mother-to-be.
When my wife informed the Recruitment Management Group (RMG) and HR of the new company about the situation, they responded very rudely. They directly questioned how she could conceive and are now asking her to resign. Additionally, they refused to create an employee ID for her. My wife is very saddened by this turn of events, and I cannot bear to see her this way. Please advise on the available options for her.
From India, Calcutta
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My wife was working in a software company for the last 4.5 years. After spending so many years at one place, she decided to change jobs. She finally received an offer from a reputed Indian MNC, and they agreed upon a joining date of 25th July. However, on the same day, my wife and I found out that she is pregnant. We immediately contacted a doctor, and she suggested that my wife should take at least 4 weeks of bed rest for the proper development of the pregnancy and for the well-being of the mother-to-be.
When my wife informed the Recruitment Management Group (RMG) and HR of the new company about the situation, they responded very rudely. They directly questioned how she could conceive and are now asking her to resign. Additionally, they refused to create an employee ID for her. My wife is very saddened by this turn of events, and I cannot bear to see her this way. Please advise on the available options for her.
From India, Calcutta
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Dear Sir,
It is truly a matter of concern either way.
I have been working as an HR professional for 7 years and I have witnessed a few such cases.
However, I would request you to sit down with your wife and discuss what needs to be done next rather than getting disheartened. Forget about what went wrong with the management.
As an employer/HR, it becomes really difficult to provide leave to an employee before the start of his/her employment.
Also, as per the Maternity Benefit Act, 1961:
(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 subsection (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 adversely affect her health.
From India, Vadodara
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2It is truly a matter of concern either way.
I have been working as an HR professional for 7 years and I have witnessed a few such cases.
However, I would request you to sit down with your wife and discuss what needs to be done next rather than getting disheartened. Forget about what went wrong with the management.
As an employer/HR, it becomes really difficult to provide leave to an employee before the start of his/her employment.
Also, as per the Maternity Benefit Act, 1961:
(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 subsection (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 adversely affect her health.
From India, Vadodara
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Hello rk5944, Did you consider going back to the old Company? Could be tough — but not impossible either, especially since they know her & her work. All the Best. Rgds, TS
From India, Hyderabad
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From India, Hyderabad
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You forgot a very important section. The Maternity Benefit Act applies when you have worked for at least 80 days (was 120 earlier) as far as I can remember. So in this case, as she is yet to join, it does not apply. Further, do you expect the HR manager of a company you have not worked for to be happy to have his schedule and manpower plan upset? Or be willing to have additional costs (salary during maternity leave) saddled on him for no reason or benefit? While rudeness in this case is not justified, his actions are justified. Either you resign or they will terminate you for not joining on the specified date. In either case, I suspect they will blacklist you. I am not aware if your wife met the HR personally to appraise him or spoke on the phone. If it's the latter, then you have made a tactical error. Face-to-face discussion gives better results. She should have apologized for not joining and requested to allow her to reapply for the post after delivery.
"It is truly a matter of concern either way. I have been working as an HR professional for 7 years and I did witness a few such cases. However, I would request you to sit back with your wife and discuss what needs to be done next rather than getting disheartened. Forget about what went wrong with the management. As an employer/HR, it becomes really difficult to provide leave to an employee before the start of his/her employment. Also, as per the Maternity Benefit Act, 1961:
(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 or 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 any work during the period specified in subsection (4) 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 fetus, or is likely to cause her miscarriage or otherwise adversely affect her health."
From India, Mumbai
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"It is truly a matter of concern either way. I have been working as an HR professional for 7 years and I did witness a few such cases. However, I would request you to sit back with your wife and discuss what needs to be done next rather than getting disheartened. Forget about what went wrong with the management. As an employer/HR, it becomes really difficult to provide leave to an employee before the start of his/her employment. Also, as per the Maternity Benefit Act, 1961:
(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 or 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 any work during the period specified in subsection (4) 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 fetus, or is likely to cause her miscarriage or otherwise adversely affect her health."
From India, Mumbai
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Hello, rk5944. Saswata Banerjee is correct. She should have completed at least 80 days in the new organization to be eligible for maternity benefits. I believe she now has four years of experience or more. It would be better to advise her to rest at home, and after delivery, she can consider joining the new organization. Now, you need to decide whom to prioritize - money or your child?
From India, New Delhi
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From India, New Delhi
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- Is this job final for you?
- Does this job provide for your daily bread?
- Is this job more important to you than becoming a mother?
- Have those people (RMG & HR) and their jobs become more important to you than yourself?
- Can she get a job elsewhere?
- What is the purpose of arranging a meeting?
- Are you willing to compromise yourself for the job?
Please remember, any psychological change will have its own impact on the kid, whether positive or negative. ALMIGHTY has blessed you with a wonderful gift. Please take care of that. Prioritize your requirements. There are many in this world without kids; you have been blessed. Let the job be available, not you for the job. If they require you, let them come back to you.
From India, Coimbatore
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- Does this job provide for your daily bread?
- Is this job more important to you than becoming a mother?
- Have those people (RMG & HR) and their jobs become more important to you than yourself?
- Can she get a job elsewhere?
- What is the purpose of arranging a meeting?
- Are you willing to compromise yourself for the job?
Please remember, any psychological change will have its own impact on the kid, whether positive or negative. ALMIGHTY has blessed you with a wonderful gift. Please take care of that. Prioritize your requirements. There are many in this world without kids; you have been blessed. Let the job be available, not you for the job. If they require you, let them come back to you.
From India, Coimbatore
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Thank you, everyone, for your valuable advice and suggestions. Of course, family is more important to us than a job. But one thing is true, there are always a lot of challenges in front of girls and women. She is the one who always adjusts and compromises on almost everything from childhood to marriage to a job and so on... But no worries, I am with my wife. I will support her at every step.
From India, Calcutta
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From India, Calcutta
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Money, money, money. Why the hell do you and your wife need to discuss with HR? Straight away, tell them that she is pregnant and shouldn't join the job. I feel like you think your wife will only work for 4-5 hours per day, then go home, and in the office, tell everyone that she's pregnant and can't handle the work, earning free money. This is what women expect. No one will employ a pregnant lady because there is already a shortage of manpower, and the organization is managing with limited resources. And now, you want some other poor bachelor employee to share your wife's workload while she enjoys a full salary. People are so crazy about money and career; they don't give a damn about family and the baby. Get a life, dude.
From India, Madras
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From India, Madras
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Dear RK 5944,
It's a good case study for every HR professional. In my career of 29 years, I have seen similar cases directly and indirectly.
1) When such situations arise, the first step is to talk to your immediate boss.
2) If the boss is positive, it's okay. Both of you should then meet with HR to discuss and explain the situation. (Even if you have not yet joined, the main interviewer is the concern section head because they have to prepare the manpower planning).
It's not a big issue if the management has obliged; the situation may definitely be helpful at this juncture (if your experience is similar to the management). HR is caught in the middle of the situation. HR alone cannot make the decision; they should also contact the Unit Head to make the decision.
In general, what Mr. Peer Mohamed Sardar Ji is saying is correct and objective.
Regards,
PBS KUMAR
From India, Kakinada
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It's a good case study for every HR professional. In my career of 29 years, I have seen similar cases directly and indirectly.
1) When such situations arise, the first step is to talk to your immediate boss.
2) If the boss is positive, it's okay. Both of you should then meet with HR to discuss and explain the situation. (Even if you have not yet joined, the main interviewer is the concern section head because they have to prepare the manpower planning).
It's not a big issue if the management has obliged; the situation may definitely be helpful at this juncture (if your experience is similar to the management). HR is caught in the middle of the situation. HR alone cannot make the decision; they should also contact the Unit Head to make the decision.
In general, what Mr. Peer Mohamed Sardar Ji is saying is correct and objective.
Regards,
PBS KUMAR
From India, Kakinada
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