My wife works in a factory (MNC) which requires a 30 km travel one way. The doctor advised her not to travel during the first trimester to avoid miscarriages. She informed her manager and HR, and started working from home. The company is stating that there is no work-from-home policy. After almost 1 month of working from home, her manager is now saying that she should apply for leaves or take unpaid leave. The manager is also suggesting that she hasn't worked, despite having enough evidence to support her work. Furthermore, her manager is continuously taunting her, implying that she is avoiding important meetings by not being physically present at the factory, without considering her health condition. She has submitted a medical certificate, and the factory doctor has agreed that she needs rest. Can she take any legal action? What is the best way to address this? Can she reference any legal rules when speaking with HR, as HR is also not being supportive.
In this situation, it is important for your wife to seek advice from a legal professional who specializes in employment law. She should also document all communication with her manager and HR regarding this matter. By having a clear record of events and seeking legal advice, she can better understand her rights and options moving forward.
From Sweden, undefined
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In this situation, it is important for your wife to seek advice from a legal professional who specializes in employment law. She should also document all communication with her manager and HR regarding this matter. By having a clear record of events and seeking legal advice, she can better understand her rights and options moving forward.
From Sweden, undefined
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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
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32514. 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
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Swedish laws will apply.So you will have to check up in case both are working in Sweden,
From India, Pune
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From India, Pune
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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 the performance of employees not present, especially where it results in meetings being missed and someone else had to take the load. Since the option is being given to take medical leave, you would be better off taking it. Your legal action would have no basis unless the Swedish laws have a provision for it specifically.
From India, Mumbai
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From India, Mumbai
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Hello Dileep,
Further to what other members mentioned/suggested, your post gives the impression that you want to have your cake and eat it too.
What do you mean by this line, '...coz HR is not supportive as well'? So if HR, regardless of the Company Rules, agrees to advocate for your wife's case with the management, would this HR be considered supportive?
Please 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 related to regular production activity, I don't see any grounds for it to be eligible for work-from-home, irrespective of whether the Company has such a policy or not, as production (and all related functions) is essentially a team effort requiring daily/frequent production floor visits and meetings.
Since the Company has offered your wife the option of Leave with a loss of pay, the choice is yours and your wife's – whether it's the well-being of your unborn child or salary.
Regards,
TS
From India, Hyderabad
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Further to what other members mentioned/suggested, your post gives the impression that you want to have your cake and eat it too.
What do you mean by this line, '...coz HR is not supportive as well'? So if HR, regardless of the Company Rules, agrees to advocate for your wife's case with the management, would this HR be considered supportive?
Please 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 related to regular production activity, I don't see any grounds for it to be eligible for work-from-home, irrespective of whether the Company has such a policy or not, as production (and all related functions) is essentially a team effort requiring daily/frequent production floor visits and meetings.
Since the Company has offered your wife the option of Leave with a loss of pay, the choice is yours and your wife's – whether it's the well-being of your unborn child or salary.
Regards,
TS
From India, Hyderabad
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There seems to be no discrimination or harassment in this case. An employer cannot 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 a 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: the proposal would reduce the employability of women.
Madhu.T.K
From India, Kannur
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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: the proposal would reduce the employability of women.
Madhu.T.K
From India, Kannur
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My sincere advice to the employee: if you incur loss of pay, never mind; your health and your baby's health are more important than work.
The HR Manager of your company should, in turn, abide by the regulations of the Maternity Benefit Act 1961. More than this, he should be humane. Apart from this, he should also note that other employees will be watching him, and there is no point in the HR program that he rolls out to bond if he is not resolving this.
From India, Bangalore
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The HR Manager of your company should, in turn, abide by the regulations of the Maternity Benefit Act 1961. More than this, he should be humane. Apart from this, he should also note that other employees will be watching him, and there is no point in the HR program that he rolls out to bond if he is not resolving this.
From India, Bangalore
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I think everyone has mistaken a major point. My wife is in non-production related work where work from home is possible. Her manager has informed her to apply for leave or LOP after she has worked from home for 1 month, meeting the deliverables. This means the salary for the period she has worked is being denied on the grounds that there is no WFH policy.
From Sweden, undefined
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From Sweden, undefined
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Dileep,
No one here has missed any point while discussing this issue. Most of the posters are people with immense experience in HR and other fields.
Try to understand that the company did not feel the need for a work-at-home policy. 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 compel the company to allow work at home, whatever the nature of the employee's work.
I understand your point of view, but the company policy is what matters.
From India, Pune
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No one here has missed any point while discussing this issue. Most of the posters are people with immense experience in HR and other fields.
Try to understand that the company did not feel the need for a work-at-home policy. 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 compel the company to allow work at home, whatever the nature of the employee's work.
I understand your point of view, but the company policy is what matters.
From India, Pune
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Creche under Maternity Benefit Act.pdf
MATERNITY BENEFIT ACT 2009.doc