Hi all,
I work for a private organization. I am in my 28th week of pregnancy. I have been working in this organization for 1yr 8 months. My heads(2) are very nice people, but my TL is not such an understanding person. my baby shower is on july 15th and after that till a few weeks before delivery I have asked for work from home. After that I will take my 3 months of maternity leave, this is what I have requested. But my TL would let me, he says Then I need to work more that that I do at office.I basically wanted to go home coz of medical conditions and pains arising out of pregnancy. I said I would do the same work there but he would't accept. Then he said go by ur 9th month, which is not possible as my Dr has asked me not to travel after 32 weeks. In 8th month they cant keep a baby shower n take me home. So what should I do now. I cant take up this torture. he tortures n puts much pressure for no reason. So i've decided to say my heads, if they will let me do the same wrk then i'll do wrk from home or i'll ask them to relieve me.I'll resign. Now will they relieve me in a weeks time.Is there any law or rule that says they can't keep a pregnant women from resigning or going away for maternity in short notice. I have informed my TL that i need leave from july 15th 3 weeks back. Please help.
From India, Madras
I work for a private organization. I am in my 28th week of pregnancy. I have been working in this organization for 1yr 8 months. My heads(2) are very nice people, but my TL is not such an understanding person. my baby shower is on july 15th and after that till a few weeks before delivery I have asked for work from home. After that I will take my 3 months of maternity leave, this is what I have requested. But my TL would let me, he says Then I need to work more that that I do at office.I basically wanted to go home coz of medical conditions and pains arising out of pregnancy. I said I would do the same work there but he would't accept. Then he said go by ur 9th month, which is not possible as my Dr has asked me not to travel after 32 weeks. In 8th month they cant keep a baby shower n take me home. So what should I do now. I cant take up this torture. he tortures n puts much pressure for no reason. So i've decided to say my heads, if they will let me do the same wrk then i'll do wrk from home or i'll ask them to relieve me.I'll resign. Now will they relieve me in a weeks time.Is there any law or rule that says they can't keep a pregnant women from resigning or going away for maternity in short notice. I have informed my TL that i need leave from july 15th 3 weeks back. Please help.
From India, Madras
There is protection under Maternity Act, a women can not be terminated during pregnancy. Any Employer can not terminate a women, during this period, to avoid maternity benefit to such women.
And also as per provision of Act , you can ask for 6 Weeks pre-delivery maternity leaves, which the employer can not deny.
would suggest you, please speak to your Head and TL politely and make them understand the situation, ask them to work from home, if you are able to do it from home. still not agree then give them notice of Doctor with delivery date and no need to come, you have immunity to the termination.
regards
87And also as per provision of Act , you can ask for 6 Weeks pre-delivery maternity leaves, which the employer can not deny.
would suggest you, please speak to your Head and TL politely and make them understand the situation, ask them to work from home, if you are able to do it from home. still not agree then give them notice of Doctor with delivery date and no need to come, you have immunity to the termination.
regards
Hi Shalini,
Please refer Section 4 of "Maternity Benefit ACt,1961",It says no employer can employ a woman 6 weeks prior to date of expected delivery and 6 weeks after delivery.It is prohibited.Incase of any illness due to the pregnancy/Delivery ,on doctor certificate he has to give 1 month extra leave with pay.
Apart from this no employer can terminate any woman employee incase of absence during the period(12 weeks(6 weeks prior and 6 weeks after delivery).
Incase of any contravention of above rules an employer can be punishable with imprisonment up to 1 year and fine.
Please make understand your TL that motherhood is a respectable thing for any woman in this world and ask him not to struck to his deadlines of the projects.
Regards,
Keshav Reddy.
From India, Bangalore
Please refer Section 4 of "Maternity Benefit ACt,1961",It says no employer can employ a woman 6 weeks prior to date of expected delivery and 6 weeks after delivery.It is prohibited.Incase of any illness due to the pregnancy/Delivery ,on doctor certificate he has to give 1 month extra leave with pay.
Apart from this no employer can terminate any woman employee incase of absence during the period(12 weeks(6 weeks prior and 6 weeks after delivery).
Incase of any contravention of above rules an employer can be punishable with imprisonment up to 1 year and fine.
Please make understand your TL that motherhood is a respectable thing for any woman in this world and ask him not to struck to his deadlines of the projects.
Regards,
Keshav Reddy.
From India, Bangalore
Hello Shalini,
Agree with Keshav Reddy.....
I m also suggest you that speak to your Heads and TL, once again politely, with Doctor certificate..... everything will be alright dont worry dear.......
take it very lightly as your condition is not to take unnecessary tension.
God Bless You :)
Meetu
From India, New Delhi
Agree with Keshav Reddy.....
I m also suggest you that speak to your Heads and TL, once again politely, with Doctor certificate..... everything will be alright dont worry dear.......
take it very lightly as your condition is not to take unnecessary tension.
God Bless You :)
Meetu
From India, New Delhi
Since you are in the family way now, first avoid being stressed up or under pressure and relax. That is the need of the hour for you.Do not worry about job or future.Motherhood is more important. Now addressing your concerns, please relax about your job. As Mr.ESSYKKR and MR.Kesav Reddy have already stated, your services cannot be terminated during pregnancy as per the terms of the provisions of Maternity Benfit Act for breach of which, one can render oneself libale for penalities both pecuniary and penal.
I also bring to your notice that in terms of sec.4 of the Maternity Benefit Act 1961, if a woman employee requests, the employer shall not assign her any work of arduous nature or any work which requires long hours of standing or any work which interferes with her pregnanacy for a period of one month prior to the taking of maternity leave. The spirit of Sec.4 is that the employer cannot ask you to do any thing that interferes with pregnanacy. This is a statutory provision menat to protect the preganancy of a woman employee, for breach of which, the employer renders himself liable for penalaction under the Act.
You may discuss with the Heads of Dept. but not with TL and bring to their notice the above provisions and request them what you are requesting is for teh safety of the child. Stop worriying first and start acting now. You will get the required permission.
All the best.
B.Saikumar
Mumbai
From India, Mumbai
I also bring to your notice that in terms of sec.4 of the Maternity Benefit Act 1961, if a woman employee requests, the employer shall not assign her any work of arduous nature or any work which requires long hours of standing or any work which interferes with her pregnanacy for a period of one month prior to the taking of maternity leave. The spirit of Sec.4 is that the employer cannot ask you to do any thing that interferes with pregnanacy. This is a statutory provision menat to protect the preganancy of a woman employee, for breach of which, the employer renders himself liable for penalaction under the Act.
You may discuss with the Heads of Dept. but not with TL and bring to their notice the above provisions and request them what you are requesting is for teh safety of the child. Stop worriying first and start acting now. You will get the required permission.
All the best.
B.Saikumar
Mumbai
From India, Mumbai
Dear Shalini, I concur with the views of all the members....take care ...wish you all the best.
From United States, Chicago
From United States, Chicago
Shalini,
ESYKKR and Kesav have given you a broad idea of where the law stands on the subject. Just as a pregnant employee cannot be forced to work during the period of her entitlement for maternity leave, an employer cannot also be forced to comply with a request beyond her legal entitlement. Considering this principle of legal equity, I suggest as follows:
Since you say that the basic purpose of your seeking leave from 15th July is because of medical problems and pains arising out of pregnancy, you can try persuading your department heads to grant medical leave upto the period when you can start availing of your maternity leave. If this not permitted for any valid reason, this period can only be treated as leave without pay, which should be a much better option than resigning.
I feel that there is no point blaming the Team Leader, since the guy who is responsible for getting the work done is rarely popular. Your Dept Heads might be nice towards you for the sake of courtesy, but not to him and would want to get things done at all costs. Working from home might not be a feasible idea to the TL, though I am not sure of the type of industry you are in.
As you feel that you have no issues with the heads, you can moot out the above proposal of medical leave to them. They should respond positively if they are the kind of nice people that you are talking about.
Best wishes to you and your baby!!!
Pradeep Sukumar
From India, Coimbatore
ESYKKR and Kesav have given you a broad idea of where the law stands on the subject. Just as a pregnant employee cannot be forced to work during the period of her entitlement for maternity leave, an employer cannot also be forced to comply with a request beyond her legal entitlement. Considering this principle of legal equity, I suggest as follows:
Since you say that the basic purpose of your seeking leave from 15th July is because of medical problems and pains arising out of pregnancy, you can try persuading your department heads to grant medical leave upto the period when you can start availing of your maternity leave. If this not permitted for any valid reason, this period can only be treated as leave without pay, which should be a much better option than resigning.
I feel that there is no point blaming the Team Leader, since the guy who is responsible for getting the work done is rarely popular. Your Dept Heads might be nice towards you for the sake of courtesy, but not to him and would want to get things done at all costs. Working from home might not be a feasible idea to the TL, though I am not sure of the type of industry you are in.
As you feel that you have no issues with the heads, you can moot out the above proposal of medical leave to them. They should respond positively if they are the kind of nice people that you are talking about.
Best wishes to you and your baby!!!
Pradeep Sukumar
From India, Coimbatore
Dear Shalini
Apart from what others have suggested and enlightened you about your rights, I aso referred to Sec.4 of the Maternity Benfit Act which enables a woman who is pregnant to make a request with regard to the nature of work to be entrusted to her during her pregnanacy and it also prohibits the employer brought to assign any work that interferes with the pregnanacy and going by the spirit of the provison the employer cannot ask to do any thing that interferes with your pregnanacy and such request can be made for aperiod of one month preceding the date on which you proceed on maternity leave.What all you have requested is not leave but permission to work from home and you have medical certificates to back your request. You can discuss the issue with your heads and bring this provision to their notice and convince them that your request is within the frame work of law only
B.Saikumar
HR & Labour law Advisor
Mumbai
From India, Mumbai
Apart from what others have suggested and enlightened you about your rights, I aso referred to Sec.4 of the Maternity Benfit Act which enables a woman who is pregnant to make a request with regard to the nature of work to be entrusted to her during her pregnanacy and it also prohibits the employer brought to assign any work that interferes with the pregnanacy and going by the spirit of the provison the employer cannot ask to do any thing that interferes with your pregnanacy and such request can be made for aperiod of one month preceding the date on which you proceed on maternity leave.What all you have requested is not leave but permission to work from home and you have medical certificates to back your request. You can discuss the issue with your heads and bring this provision to their notice and convince them that your request is within the frame work of law only
B.Saikumar
HR & Labour law Advisor
Mumbai
From India, Mumbai
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