X company has hired a female employee on 15th April 2020. After a month, the company started facing issues with her performance. The company decided to give her verbal warnings instead of direct termination or any strict action. But, there seems to be no improvement till August 2020.
Meanwhile, the management and HR have decided to issue her PIP with 30 days' notice. But before doing this, She updated the company about her (2 months) pregnancy and her plans for the maternity leaves. Her clear intention was to avoid this termination, on the grounds of maternity benefits and rules.
Now, the Management team got into a confused state of whether to terminate or not to terminate her. If they go for it, she can file a case that because of maternity benefits the company has asked her to leave. If they don’t, then she is an additional burden to the company for the next 15 months (9 months pregnancy + 6 months leaves).
So, on humanitarian grounds, the company decided to give her another chance by dropping an email which states about the performance dissatisfaction and that she needs to fix it ASAP, without writing anything about the termination. Now, she again took the advantage of this email, by spreading a verbal message among other employees that she has been harassed mentally during her critical days of pregnancy. Please suggest, what should be the appropriate action for such situations?
From India, Noida
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7Meanwhile, the management and HR have decided to issue her PIP with 30 days' notice. But before doing this, She updated the company about her (2 months) pregnancy and her plans for the maternity leaves. Her clear intention was to avoid this termination, on the grounds of maternity benefits and rules.
Now, the Management team got into a confused state of whether to terminate or not to terminate her. If they go for it, she can file a case that because of maternity benefits the company has asked her to leave. If they don’t, then she is an additional burden to the company for the next 15 months (9 months pregnancy + 6 months leaves).
So, on humanitarian grounds, the company decided to give her another chance by dropping an email which states about the performance dissatisfaction and that she needs to fix it ASAP, without writing anything about the termination. Now, she again took the advantage of this email, by spreading a verbal message among other employees that she has been harassed mentally during her critical days of pregnancy. Please suggest, what should be the appropriate action for such situations?
From India, Noida
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@swati
Chronological events calendar as per your post:
1. April 2020: Joining
2. May 2020: Performance issue, verbal notice
3. August 2020: No improvement, so in September 2020, the employer decided to issue a PIP. However, the employee updated the clause of Maternity with 2 months. In April, May, and June (3 months of employment, i.e., eligibility confirmed under the maternity act), and in September, she informs that 2 months mean as per your records, the expected date is in March.
4. According to your given inputs, she is already on maternity leave, so where is the performance issue right now?
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Chronological events calendar as per your post:
1. April 2020: Joining
2. May 2020: Performance issue, verbal notice
3. August 2020: No improvement, so in September 2020, the employer decided to issue a PIP. However, the employee updated the clause of Maternity with 2 months. In April, May, and June (3 months of employment, i.e., eligibility confirmed under the maternity act), and in September, she informs that 2 months mean as per your records, the expected date is in March.
4. According to your given inputs, she is already on maternity leave, so where is the performance issue right now?
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Hi @Glidor,
Basically, her profile is a target-based profile. Performance issues have been present since the beginning, but on humanitarian grounds, the company didn't want to take any strict action like termination. Therefore, they wanted her to improve through verbal and written warnings. However, when the company began losing its patience due to business losses, they became strict. She took advantage of her situation to avoid termination and even started spreading false accusations that management was mentally harassing her.
The primary concern is whether the company can terminate her based on performance during her pregnancy period, especially since she is not showing any signs of improvement.
Please let me know if you have any questions or need further clarification.
From India, Noida
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Basically, her profile is a target-based profile. Performance issues have been present since the beginning, but on humanitarian grounds, the company didn't want to take any strict action like termination. Therefore, they wanted her to improve through verbal and written warnings. However, when the company began losing its patience due to business losses, they became strict. She took advantage of her situation to avoid termination and even started spreading false accusations that management was mentally harassing her.
The primary concern is whether the company can terminate her based on performance during her pregnancy period, especially since she is not showing any signs of improvement.
Please let me know if you have any questions or need further clarification.
From India, Noida
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Hi Swati,
There are multiple issues as per your post. If the employee is recruited for a target-based job and the employee did not comply with the employment terms, the establishment can form a disciplinary committee to address the situation and make an appropriate decision.
Every document, such as targets, non-compliance issues, and others, should be presented to the committee. The employee should be given a fair hearing by the committee before any conclusions are drawn.
Mere verbal allegations should not be made without proper authorization, especially regarding the misuse of maternity benefits by any employee.
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There are multiple issues as per your post. If the employee is recruited for a target-based job and the employee did not comply with the employment terms, the establishment can form a disciplinary committee to address the situation and make an appropriate decision.
Every document, such as targets, non-compliance issues, and others, should be presented to the committee. The employee should be given a fair hearing by the committee before any conclusions are drawn.
Mere verbal allegations should not be made without proper authorization, especially regarding the misuse of maternity benefits by any employee.
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@Swati No action till she is no maternity leave. However, you can request her to to "work from home" during maternity leave. - S. K. Mittal 9319956443
From India, Faridabad
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From India, Faridabad
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WFH is by default already given. My only concern is, if the company asks her to leave by giving proper notice and salary as applicable, will it be fine from a legal perspective? The reason being, she is not performing as per the expectations, and because of her maternity case, the company cannot pressurize for any small thing as well. Secondly, an allegation about the misuse of maternity benefits is observed based on the reaction the company received from other employees. Please assist on this point as well.
From India, Noida
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From India, Noida
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Please confirm whether the concerned woman employee is on maternity leave or the leave period is already over??
From India, Aizawl
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From India, Aizawl
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Dear Swati,
Admittedly, when her profile is target-based and although she was found to have performance issues right from her appointment in April 2020, the management decided to put her on PIP in September 2020 only. By the time, the employee also officially informs about her being pregnant for 2 months in September 2020. Why can't it be a sheer coincidence? As such, her probable expected date of delivery could be some day in March 2021 only. If so, she cannot proceed on maternity leave earlier than 8 weeks from the EDD. At times, organizational gossip and politics can be greater than the organization and its problems. Therefore, gossips and hearsays cannot become acceptable circumstantial evidence in disciplinary matters.
Since she was hired on 15th April 2020 only, she should be a probationer, and you would have an exit clause in the contract of employment to do away with her services at any time during probation if her performance is not satisfactory. Why did you fail to invoke this clause until September 2020 when you knew within a span of a month that she was an underperformer? Have you documented her performance history? Your post is completely silent about such relevant details but hinges only on gossips culminating in the irresistible decision of sending her out so as to deprive her of statutory maternity benefits. Sorry, you cannot do so as of now in view of the provisions of Section 4 and Section 12 of the Maternity Benefit Act, 1961.
From India, Salem
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Admittedly, when her profile is target-based and although she was found to have performance issues right from her appointment in April 2020, the management decided to put her on PIP in September 2020 only. By the time, the employee also officially informs about her being pregnant for 2 months in September 2020. Why can't it be a sheer coincidence? As such, her probable expected date of delivery could be some day in March 2021 only. If so, she cannot proceed on maternity leave earlier than 8 weeks from the EDD. At times, organizational gossip and politics can be greater than the organization and its problems. Therefore, gossips and hearsays cannot become acceptable circumstantial evidence in disciplinary matters.
Since she was hired on 15th April 2020 only, she should be a probationer, and you would have an exit clause in the contract of employment to do away with her services at any time during probation if her performance is not satisfactory. Why did you fail to invoke this clause until September 2020 when you knew within a span of a month that she was an underperformer? Have you documented her performance history? Your post is completely silent about such relevant details but hinges only on gossips culminating in the irresistible decision of sending her out so as to deprive her of statutory maternity benefits. Sorry, you cannot do so as of now in view of the provisions of Section 4 and Section 12 of the Maternity Benefit Act, 1961.
From India, Salem
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Creche under Maternity Benefit Act.pdf
MATERNITY BENEFIT ACT 2009.doc