Hi Seniors,
Please advise me on how to handle the situation. We are shutting down one business unit due to low sales, and consequently, we are laying off the staff of that unit by giving them notice as per their employment contracts. There is a female staff member who is pregnant and expecting delivery in February 2020. Officially, she has not declared her pregnancy, and she is likely planning to take maternity leave sometime in December or January.
Unfortunately, we do not have any available positions in the organization where her skills can be utilized; otherwise, she could have been absorbed. Given the stringent nature of the maternity act and the sensitivity of the matter, please advise on whether her service can be terminated or retained, despite the lack of available work for her.
Regards,
HR buff
From India, New Delhi
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3Please advise me on how to handle the situation. We are shutting down one business unit due to low sales, and consequently, we are laying off the staff of that unit by giving them notice as per their employment contracts. There is a female staff member who is pregnant and expecting delivery in February 2020. Officially, she has not declared her pregnancy, and she is likely planning to take maternity leave sometime in December or January.
Unfortunately, we do not have any available positions in the organization where her skills can be utilized; otherwise, she could have been absorbed. Given the stringent nature of the maternity act and the sensitivity of the matter, please advise on whether her service can be terminated or retained, despite the lack of available work for her.
Regards,
HR buff
From India, New Delhi
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Hi Team,
My advice would be to pay her the 6 months of maternity leave and then deal with whether there is any open position for her or not after she returns from her maternity leave. Though she has not officially declared her intent to proceed on maternity leave, your post here confirms that you are aware that she is pregnant and hence the possibility for her to proceed on maternity leave. Who knows where all this information may be available and who all may be willing to testify for her, especially when you are bound to have disgruntled employees in the event of a layoff.
From India, Bengaluru
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My advice would be to pay her the 6 months of maternity leave and then deal with whether there is any open position for her or not after she returns from her maternity leave. Though she has not officially declared her intent to proceed on maternity leave, your post here confirms that you are aware that she is pregnant and hence the possibility for her to proceed on maternity leave. Who knows where all this information may be available and who all may be willing to testify for her, especially when you are bound to have disgruntled employees in the event of a layoff.
From India, Bengaluru
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Dear HR Buff,
First and foremost, I recommend you use the right terminology in your post. Because of the reduction in the business, if you are required to reduce the staff strength, then it is called "retrenchment" and not "lay off".
Now coming to the maternity leave of a woman employee. On the day when her maternity leave will start, will your business unit be functional or not? If not, then you need not give her maternity benefits. If there is no business activity in the unit in which she has been employed, then how can she become eligible to draw her salary? Please note that "salary" is not disbursed just because someone is at work. Employees get their salary even when they are on leave.
Going further, imagine a situation wherein a woman employee is on maternity leave, and the business unit is closed during her leave. After the day of the closure, should she continue to receive the maternity benefits? Certainly not!
I have given my opinions based on my general knowledge. However, I do not know any case law to quote.
You have written about the closure of the "business unit". When you say business unit, does it mean an independent business entity or just a section or department of a larger unit?
Thanks,
Dinesh Divekar
From India, Bangalore
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First and foremost, I recommend you use the right terminology in your post. Because of the reduction in the business, if you are required to reduce the staff strength, then it is called "retrenchment" and not "lay off".
Now coming to the maternity leave of a woman employee. On the day when her maternity leave will start, will your business unit be functional or not? If not, then you need not give her maternity benefits. If there is no business activity in the unit in which she has been employed, then how can she become eligible to draw her salary? Please note that "salary" is not disbursed just because someone is at work. Employees get their salary even when they are on leave.
Going further, imagine a situation wherein a woman employee is on maternity leave, and the business unit is closed during her leave. After the day of the closure, should she continue to receive the maternity benefits? Certainly not!
I have given my opinions based on my general knowledge. However, I do not know any case law to quote.
You have written about the closure of the "business unit". When you say business unit, does it mean an independent business entity or just a section or department of a larger unit?
Thanks,
Dinesh Divekar
From India, Bangalore
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