Hi,
We belong to the SME manufacturing sector. We have a pregnant employee (3 months pregnant) who has been irregular in attendance and coming late to the office every day. When we raised an issue with her as it was affecting work, she forwarded the following email:
Dear Sir/Madam,
As per your below mail, I accept that I have had several absences and have been late during my pregnancy period. I took a one-week leave as instructed by my gynecologist last month. Due to my pregnancy, I have morning sickness and am unable to come in at 9:00 am every morning.
It would be greatly appreciated if you could understand and allow me to come in at 10:00 am every morning. You may deduct for my lateness; however, I will make an effort to arrive by 9:00 am.
We request your input on the above and what our response should be.
Thanks,
Harshada
From India, Pune
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7We belong to the SME manufacturing sector. We have a pregnant employee (3 months pregnant) who has been irregular in attendance and coming late to the office every day. When we raised an issue with her as it was affecting work, she forwarded the following email:
Dear Sir/Madam,
As per your below mail, I accept that I have had several absences and have been late during my pregnancy period. I took a one-week leave as instructed by my gynecologist last month. Due to my pregnancy, I have morning sickness and am unable to come in at 9:00 am every morning.
It would be greatly appreciated if you could understand and allow me to come in at 10:00 am every morning. You may deduct for my lateness; however, I will make an effort to arrive by 9:00 am.
We request your input on the above and what our response should be.
Thanks,
Harshada
From India, Pune
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Dipal,
The Maternity Benefit Act allows for up to a month of sick leave if the illness or problem requiring leave is because of pregnancy, delivery, or premature birth. During this month, the employee is entitled to the usual wage. However, she needs to submit proof of the illness.
The Maternity Benefit law states that from 10 weeks before a female employee's due date, she will not have to do arduous work, stand for long hours, or be asked to do any other work that may cause problems. A working woman also has the right to ask for light duties during pregnancy.
Now, you are advised to tell her to submit proof of morning sickness, which must be issued by a registered medical practitioner. If she submits this proof, you can and should grant her leave (1 hour).
For further queries or any other information, please call or email me.
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The Maternity Benefit Act allows for up to a month of sick leave if the illness or problem requiring leave is because of pregnancy, delivery, or premature birth. During this month, the employee is entitled to the usual wage. However, she needs to submit proof of the illness.
The Maternity Benefit law states that from 10 weeks before a female employee's due date, she will not have to do arduous work, stand for long hours, or be asked to do any other work that may cause problems. A working woman also has the right to ask for light duties during pregnancy.
Now, you are advised to tell her to submit proof of morning sickness, which must be issued by a registered medical practitioner. If she submits this proof, you can and should grant her leave (1 hour).
For further queries or any other information, please call or email me.
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The law, as rightly stated above, provides for leave in case requested by the doctor. However, it does not require you to allow the employee to be late every day or come in whenever she feels like it.
Your organization is small, so you are familiar with the nature of the workforce and their attitudes. Will the rest of the employees accept this as necessary, or will it generate ill feelings and resentment?
Please take a decision accordingly.
From India, Mumbai
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Your organization is small, so you are familiar with the nature of the workforce and their attitudes. Will the rest of the employees accept this as necessary, or will it generate ill feelings and resentment?
Please take a decision accordingly.
From India, Mumbai
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(Fact Checked)-The user reply is correct in stating that the law provides for leave when recommended by a doctor but does not require allowing daily lateness. The decision should be based on the organizational impact. No specific reference is needed for this general advice. (1 Acknowledge point)
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I am not an HR person or a law expert. But as a lay retired person, I can say that there should not be any problem with the staff, as she is not asking to come late for free; she is prepared for you to cut her wages when she is late. However, you are the best judge to say whether the work will be affected if she comes up to an hour late on occasions.
From United Kingdom
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From United Kingdom
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(Fact Check Failed/Partial)-The user reply is incorrect. Pregnant employees are protected under the law, and adjustments should be made to accommodate their needs without penalizing them. Cutting wages for lateness due to pregnancy-related issues may violate anti-discrimination laws.
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Hi All,
Apologies for delay in reply. I have considered inputs given by our colleagues on Citehr and arrived to a decision which I have conveyed to this employee as below.
Quote"
Dear ___________,
Appreciate that you have accepted your regular absenteeism and late marks. Further you are also ok if your salary is deducted for excessive late marks. However please understand we at AXIS are not interested to deduct salaries of employees for late coming rather Our motive is to develop habit of punctuality and regular attendance in office so that work doesn’t get hampered. Further, we also do empathize with exceptional cases like you have stated below and would be ok to help such employees. In your case the situation was becoming difficult because besides coming late you were not even bothered updating your HOD and other team members so that your tasks for the day can be given to others in the team.
In this regard, we have decided to give you 15 mins concession i.e. You can reach office by 9.15. However after 9.15 it would be considered as a late mark upto 10 a.m. and the salary would be deducted as per company policy. You are expected to update your incoming time to your HOD and on the AXIS whatsapp group before 8.30 a.m. along with pending activities which may need attention /action till you reach office.
Besides, your HOD is already allowing you periodic short breaks during office hours whenever needed, which I am sure would help you overcome pregnancy related sickness.
I am certain this arrangement is good enough for both you and organization and we can work together for organization’s benefit.
Unquote"
From India, Pune
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Apologies for delay in reply. I have considered inputs given by our colleagues on Citehr and arrived to a decision which I have conveyed to this employee as below.
Quote"
Dear ___________,
Appreciate that you have accepted your regular absenteeism and late marks. Further you are also ok if your salary is deducted for excessive late marks. However please understand we at AXIS are not interested to deduct salaries of employees for late coming rather Our motive is to develop habit of punctuality and regular attendance in office so that work doesn’t get hampered. Further, we also do empathize with exceptional cases like you have stated below and would be ok to help such employees. In your case the situation was becoming difficult because besides coming late you were not even bothered updating your HOD and other team members so that your tasks for the day can be given to others in the team.
In this regard, we have decided to give you 15 mins concession i.e. You can reach office by 9.15. However after 9.15 it would be considered as a late mark upto 10 a.m. and the salary would be deducted as per company policy. You are expected to update your incoming time to your HOD and on the AXIS whatsapp group before 8.30 a.m. along with pending activities which may need attention /action till you reach office.
Besides, your HOD is already allowing you periodic short breaks during office hours whenever needed, which I am sure would help you overcome pregnancy related sickness.
I am certain this arrangement is good enough for both you and organization and we can work together for organization’s benefit.
Unquote"
From India, Pune
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(Fact Check Failed/Partial)-The response provided is generally aligned with accommodating the pregnant employee's needs. However, it's crucial to ensure compliance with maternity laws and consider reasonable accommodations for pregnant employees. Additionally, communication and documentation should be clear and formalized.
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(Fact Check Failed/Partial)-The information provided in the user reply is partially correct. The Maternity Benefit Act does allow for maternity leave and protection for pregnant employees, but some details need clarification regarding the duration of sick leave and the process for granting leave based on medical reasons.