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hi can a woman be rejected in medical if she is pregnant (1 month)
21st November 2012 From India, Ernakulam
my friend is waiting for her medical test in SBI she passed test and interview.now she is 1 month pregnant .pls help...
21st November 2012 From India, Ernakulam
Medical is done only to see any disease you have which can make you unfit for the job but pregnancy is no reason to declare you unfit. Rajeev Kumar Bangalore
21st November 2012 From India, Bangalore
Only some private companies reject the candidates if they are preganant before recruitment just to evade monetary liabilities. I don’t think SBI will reject on account of pregnancy. Pon
21st November 2012 From India, Lucknow
Dear Aami_Gmail,
Your friend aint be rejected. The reason can be thought in various ways. I second the opinions given above by our eligible members. Additionally; at the time of her 4th month she should be completing 80 calendar days of working in 12 months. Therefore, she would be eligible for Maternity leave under the Maternity Benefit Act.
21st November 2012 From India, Visakhapatnam
Dear Friends, Employers reject such candidates only to aviod future liabilities,As per my knowledge there is no leagal provision in industrial laws which states for rejection such candidates. Thanks
21st November 2012 From India, New Delhi
Any reputed organization will not reject. Since it is SBI, your friend can be rest assured that she will not be rejected. As my friend has mentioned, pregnancy is not a disease. So congratulate her and give her strength and confidence.
T. Chandran
22nd November 2012 From India, Kolkata
Dear Ami, No ,legally speaking, a lady cannot be rejected for being pregnant. It amounts to discrimination based on sex.
22nd November 2012 From India, Delhi
Dear Aami
Greetings.
Already you have got answers - can't reject a lady on the ground that she pregnant.
Maternity benefits can be denied/disallowed.
Take up the matter with concerned SBI officials.
Instead of worrying about the medical result - concentrate on the motherhood to have a nice, intelligent baby.
WIth best wishes
Ramgopal K S
22nd November 2012 From India, Mumbai
Dear Aami
One of mine friend informed that there is no provision in the service rules of SBI to reject someone on the ground of pregnancy. As already told by many of cite fellows that it is not a disease so need not to worry.
22nd November 2012 From India, Delhi
Dear All,
As every body said, the pregnancy should not be the criteria for rejecting the candidature. There is no law also which says pregnancy at the time of joining is a disqualification.
But still any employer rejects the candidature on this ground, what one can do? Discussion on this question can be an interesting one.
Thanks with regards.
Keshav Korgaonkar
Shantadurgaent.com,Insurance Advisors,Corporate Advisors,Legal Advise,Wage and salary,Shantadurgaent.com,Labour Compliance Audit,SSI registration,NOC from
22nd November 2012 From India, Mumbai
Motherhood is not a medical disqualification for a job more so ina public sector undertaking like SBI who is considered as model employer. As it is only one month since she is pregnant, she can very well join duty subject to medical advice. All the best.
B.Saikumar
HR & labour Law Advisor
mumbia
23rd November 2012 From India, Mumbai
Dear Saikumar ji,
I do agree with you and every body said the same thing. I also say the same thing. But, Jointing the new employment is not in hands of candidate.
Suppose I am the employer and I reject the candidature on the ground she is pregnant. Even I give a reson of rejection, what you can do? I invite discussions on this question. According to me, there is no protection by law to pregnant woman from rejection of her candidature for new employment.
Thanks and regards.
Kashav Korgaonkar
www. Shantadurgaent.com
23rd November 2012 From India, Mumbai
Yes its correct that she cannot be rejected on grounds of pregnancy, but the maternity leave cannot be said for granted since she will be on probation for certain period depending on the grade she is joiningn clerk or PO or management trainee and there is no paid leave during probation.
23rd November 2012 From India, Nagpur
Hi, along with that, Can any one explain on Pregnancy Benefits. How many months of leave can avail a Pregnant woman? and how will be the pay structure in IT firms.
23rd November 2012 From India, Hyderabad
Dear Aami,
Companies do check-up of shortlisted candidates to check whether they suffer with any severe disease. In routine this tests do not confirm pregnancy because that is completely different test. Mrs. Das has cleared when company is bound to give maternity benefits.
Pregnancy issue will not affect selection process in esteem organisation like SBI. So ask your friend to be happy.
Regards,
Aniruddha Jadhav
A.M Legal,
Glenmark Pharmaceuticals Ltd.
23rd November 2012 From India, Mumbai
Dear Aami,

Here is the legal position on this query:-

The Law governing this situation is maternity benefit act. the act has only one condition when you cannot engage a woman in your establishment which is given under section 4 of the act, also reproduced below.

"4. Employment of or work by, women prohibited during certain periods.—(1) No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery, 1[miscarriage or medical termination of pregnancy].

(2) No women shall work in any establishment during the six weeks immediately following the day of her delivery 2[miscarriage or medical termination of pregnancy].

(3) Without prejudice to the provisions of section 6, no pregnant women 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) 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."


Which is no case with your friend. However the same can be a deterrent if given under the service rules. The same also confirmed by one member that there is no such rule in the service conditions also.

So ask your friend to chill and gear up for new phase of her life.
23rd November 2012 From India, New Delhi
Dear No..., Pregnancy is not a disease and it is not permanent cause. so, rejection is not question....
23rd November 2012 From India, Bangalore
Dear Aami,
Pregnancy is not a medical condition leading to rejection.This will make your friend \'Temporarily\'ineligible. She will be given sufficient time to join after delivery,subject to medical fitness at that time .
Satjit singh
23rd November 2012 From India, Chandigarh
Dear Kashav Ji

Assuming that the ground for rejection of a candiadte is solely pregnanacy,more so by a model employer like a public sector bank, the woman candiadte, in my view, has a case on hand from the point of view of law.In fact, as one member has rightly said that a pregnant woman has protection of law in the form of Maternity Bnefit Act 1961 which incorporates various provisions that protects the rights of a woman during her employment. I need not elaborate on it as it is well known and the said memeber has repeated it in this discussion for ready reference. Further where a wily employer considers pregnanacy as a medically unfit condition, and wants to terminate her servcies, Sec. 12 of the Maternity bnefit act puts an embargo on such termination. Thus the whole spirit of the Act is to protect the employment of woman but not to expose her to any risk of loosing her job on grounds of pregnanacy. It being so, the employer's action of rejection will be called in question being violative of Art.14 of the constitution which guarantees equality before law and equal protection of laws and Art.20 and 21 which guarantees right tol ife and to earn livelihood. A woman need not resign to her fate in such cases.

B.Saikumar

Mumbai
23rd November 2012 From India, Mumbai
Dear Saikumar ji,
What you have elaborated as above presuming the pregnant lady is in employment. But the fact is, the lady is not in employment. She has only under went selection procedure. There is no contract between the lady and the company / bank. The protection under Maternity Benefit Act is given to working woman.
There is no compulsion on interviewer to employ pregnant woman by any law. Therefore, I invited the discussions, if pregnant women is rejected for employment, what one can do?
I hope, my say is very clear.
Thanks and regards.
Keshav Korgaonkar
Shantadurgaent.com,Insurance Advisors,Corporate Advisors,Legal Advise,Wage and salary,Shantadurgaent.com,Labour Compliance Audit,SSI registration,NOC from
23rd November 2012 From India, Mumbai
No she shouldn\'t be reject in medical due to it\'s matter of any woman life. If Medical kept any wrong diagnosis or not take any treatment properly she can carry her out to be a safe mother, finally miscarriage will come her life or any dangerous issue.
-Hasan
Sr. Executive - HR
Giant Group ( www.giantbd.com )
23rd November 2012 From Bangladesh, Dhaka
It is nice of you to welcome such discussion.What I said is that if a woman employee is found unfit for emplyment by an employer slolely on grounds of her pregnanacy but for which she would have been in employment, she has a case to fight. Though the Maternity Benefit Act protects her rights during employment, it also insures her aginst un-employment. Though in this hypothetical case, she is not in employment, she would have been in employment but for her pregnanacy and thus her employment is a deemed employment. Secondly law operates beyond the confines of a contract. Thirdly, she has the support of constitution.Howevr if the employer rejects a woman candiadate for some ostensible reason like lack of knowledge or required skills but really for her preganncy,one cannot help it. However, the discussion is purely of acdemic importance since pregnancy test cannnot be a pathological test to be conducted on a candiadte at the time of recruitment.
B.saikumar
HR & Labour Law advisor
Mumbai
24th November 2012 From India, Mumbai
she has a case to fight and she does not have a case to fight,

Depends on people to people,

She can be rejected very easily and even SBI can recover the amount of Rs.100000/ from her, how

everything is possible using the loopholes in indian legal system.

I am not here to argue that pregnant womens should apply or not.

I will ask you some questions:

You are the employer / HR and for your company a position X is lying vacant as the person working in that position has resigned the job, so you need to fill the position X. And as already the company is going on tight schedules it is not possible to share the workload of position X to other members. So during interview as a HR your job profile demands that you should recruit a candidate who will be loyal and hardworking in the long run, this is for what you are being paid your salary and management will expect the same thing from you. Now during the selection process usually you will select some 5 candidates and need to finalize one for the position X. In that you find and offer one women the job with the condition that if found medically fit?

So when you come to know that during medical checkup that she is pregnant, you have to really think that whether is it really worth to recruit her when you know in the coming months she needs to take leave for delivery etc etc. Also since olden times its seen that all companies favor giving such benefits to long serving loyal employees and not to any employee who joined two months ago and goes pregnant in third month.

here it is not the question of giving maternity benefit ? Here the question is why knowingly will anyone hack his own leg with an axe. Because in future when the lady goes on medical leave she will get monetary benefits and company needs to engage another person for temporary period so that the person can do the work, or most companies just split the work to other colleagues, and increase their frustration as they need to stay late in office because this lady went on pregnant leave. After all we all are humans and we have emotions and life too.

Also in future after delivery she may have personal problems no one to take care of baby, further health issues, and may choose to remain housewife as per her family circumstances so in such cases the company loses heavy amount of money, and has gained nothing in this case.

So any HR person would choose not to recruit such persons in their company. And there are so many legal ways in which the company if they wish they can very sweetly pressurise the person to resign in one month, by making her work for long hours and mind it i know SBI now dont think SBI is some govt organisation i have seen the local sbi staff near my office working till late evening 08.00 pm, so the same will be applicable to this lady also.

TO all ladies,

What is your opinion on this, if knowing you are pregnant will you be ready to join a job and work as other employees do work????????????????????

You have to think from HR point of view so i would request answer from LADIES who are HR and WORKING IN HR and have DONE RECRUITMENT.

If you yourself are in such situation what will be your decision will you apply to companies just to take maternity benefit knowing you are pregnant or choose to sit at home and after delivery join a job after confirming that your child will be looked after well in day time. Because this is where pregnant mothers leave jobs, after delivery inlaws dont care then the mother has to leave job and company loses lots of money and time in this. Being corporate we have seen so many cases where employees working in company more than 5 years are literally thrown off / terminated just because they had accident / or were sick for 1-2 months and could not come to work. Is this greater than not allowing to join a pregnant women.

I would only request replies from sensible HR people who know for what company works and what decisions are to be taken and not from some lawyer who may just merely quote a law, because we need to be practical and practicality is, in india no law is made for practical scenarios if you strictly follow any law you cant do anything.
24th November 2012 From India, Madras
Dear All,
I am very happy that some one started discussion emphatically being in the shoes of real HR professional. Thank you kraviravi.kravi.
Regards.
Keshav Korgaonkar
Shantadurgaent.com,Insurance Advisors,Corporate Advisors,Legal Advise,Wage and salary,Shantadurgaent.com,Labour Compliance Audit,SSI registration,NOC from
24th November 2012 From India, Mumbai
This forum is open to all and every one can voice his opinion/views, more so when a debate and discussion is deliberately invited.Sensibility is a subjective matter.What appeals to be sensible to one, may not appeal to be so to others. Thus no one need to assume the role of a self-styled judge in this regard.The acceptance of an isue as sensible or not does not depend up on an individual employer's whims and fancies but depends up on how society percieves it and it is the laws that reflect the perceptions and will of the society and thus their spirit , more so in the case of welfare legislation needs to be understood with the sensitivity, they deserve. It is this lack of social sensitivity, ignorance of welfare aspects of social legislations like labour laws and tinkering with them with disragrd for them by the managements that often breed distrust between the mangement and the employees and souring of industrial relations as being witnessed of late.

now the issue is not why an employer should select a pregnanat woman. If an employer does not wnat to select a pregnanat woman for various reasons, he can very well cite hundred reasons and may not recruit her.there end s the matter. The issue sought to be posed is whether an employer can reject a woman who is one month pregnanat solely ob grounds of pregnancy but for which she would have been in employment.The issue , thus acquired a moral and legal dimension, more so when the woman is only one month preganant and is not going to go away from the next day itself .it attracted a debate because of this moral and legal dimension.Otherwise, there is nothing in the issue to debate.It is in this percepctive, many members have discussed the issue.Regrettably, this aspect has been sorely missed by some and the issue is sought to be debated on grounds of employer's convenience.

What if the employeris running on tight schedule, a woman proceeds on maternity leave? Will he terminate her since she is upsetting his schedule? what if a woman holding a critical role sudenly resigns? will he stop her or harass her for upsetting his schedule? Is thisthe HR with sensitivity?

Thanks , there are laws for protection of employees but for which, they would have been left to fend for themselves. Thanks also to some organisations, to great relief, who are sensitive to woman issues and protect their employment through various plans.

B.Saikumar

HR & Labou Law Advisor

Mumbai
25th November 2012 From India, Mumbai
Dear Saikumar ji, I appreciate your participation. There are more than 1200 viewers to this topic but very few have contributed to it. Thanks and regards. Keshav Korgaonkar
25th November 2012 From India, Mumbai
Hi No , however keeping in view her physical condition/ medical prescription , offer can be put on hold . regards Chaman
26th November 2012 From India, New Delhi
It is not possible to reject or deny employment to a female on the grounds of pregnancy. At the time of interview most of the banks ask for this question and if it is so they do not select her for employment even though as per labour law rules it is not possible. The fact is that she may go on a long leave after joining and also take leave often pre and post delivery. However if she is selected and employed they cannot reject her on this ground.
26th November 2012 From India, Madras
Dear Ravi,

You want to discuss the practicality of the subject, lets come to it. I will not quote any law nor would talk about any, just one question all the scenarios you sited may happen with a lady even after joining the company and working there for years. What should they do at that time. Probably women should not work in the first place? Is it so?

Dear Friend motherhood is a natural process. It is a blessing for the family who has it. More than the legal aspect, it has emotional value attached to it. Maternity Benefit should not be seen as a burden on the company finances. When a baby is born not only mother but the whole family goes through many phase of mental and physical changes. For example they wakeup with the child at night if he wishes not to sleep, they begin to understand and distinguish between the little one's different weepings or many things. At times many co-workers have to suffer and adjust for time so that their colleague may take care of her baby. This is what called the social responsibility and everyone should contribute to it on humanitarian grounds. Yes it is unfortunate that many companies do terminate many ladies at such crucial phase of her life. But this is the difference between good and the bad company.

Not everything can be decided on practicalities my friend. Sometime we have to accept the things the way they are. Hope you have your reply.


26th November 2012 From India, New Delhi
Kamal sir,
no matter however truthful be your reply it is more of emotional reply rather than practical, and i doubt if any company do follows this right even before the women joined the company. . Also women should not understand that since they are planning to have baby lets join a job and get maternity benefits ;) with no work and earn money. Even such women exist in the world. And to the people who have supported it, must really not be working in HR, even if they work and knowingly if you take such employee tomorrow management will fire you. While running a business be it proprietorship or MNC, no company will knowingly take such loss on their heads.
Now instead of us arguing i would request the poster to tell us what exactly happened whether her friend got the job or not???????????
26th November 2012 From India, Madras
Dear Ravi,
As far as her appointment is concerned, it is certain that she will get the appointment as the case at hand is related to SBI (State Bank of India) and it is a public sector undertaking. The same has certain norms which are strictly adhered to and if not, can be enforced through the court of law as a matter of right.
However the big question here is that how can an HR of the company can term any employee benefit as a loss to the company. Moreover, as far as my experience is concerned i have not came across any woman employee during my whole career, who joined any organization just to get the maternity benefit. If there are any they must be very very few one.
I wonder if any other worth member have came across such case or not.
26th November 2012 From India, New Delhi
When women can leave their one day born child in dustbins and on roads dont you think there would be women who would take advantage of pregnancy and get benefits of money , leisure etc.
This is the truth my dear friend. Lets wait for confirmation from the opener as to what happened to her friend.
26th November 2012 From India, Madras
Dear All,

I respect every one who has contributed to this discussion.

I feel (it’s my view), we are discussing this issue not to the point. The question raised over here is whether woman candidate for an interview can be rejected on the ground of pregnancy or not?

There can be two views to answer it i.e. either “yes” or “not”.

Each view has some reasoning to it.

We should rather discuss on this line being HR Professionals.

According to me, which I repeat, there is no law in existence which restrains the interviewer to consider the candidature on the ground of pregnancy. There is no law declares the rejection of candidature on the ground of pregnancy as an offence.

One can differ to my reasoning. One can correct me if the facts of Law as quoted by me are wrong.

Now, what should be and what should not be – it is a totally different aspect. Each one may have his different view. I, as a Business Manager or Business Employer will show reluctance to appoint her since she will not be available to me in the first year itself for employment and that too during her probation.

I have expressed my personal views. There is no intension to hurt any one.

I remain.

With warm regards.

Keshav Korgaonkar
26th November 2012 From India, Mumbai
The pregnant candidate can be made temporarily ufit and allowed to join after three months after her actual delivery
2nd December 2012 From India, Mumbai
Denying a pregnant woman a job is tantamount to discrimination.
3rd December 2012 From Kenya, Mombasa
#Anonymous
Hi, If someone is 5/6 months pregnant at the time of interview of govt. insurance co., can she be rejected for the same reason.
14th March 2013 From India, Mumbai
Not at all. . .. No person / company has a right to reject a Pregnant woman. . . !!!
29th March 2013 From India, Mumbai
Dear All, The queriest asked the question on 21st Nov 2012. Four months are over by now. So let us ask the queriest "what is the out come of the interview in this four month time?".
29th March 2013 From India, Mumbai
Dear Concern,
Good morning! Employer can't terminated any pregnant women except layoff of his / her company. If employer want to discontinue her job he/she should pay all salary for maternity benefits and addition as per lay off condition before discontinue job for pregnant employee.
Thanks.
8th May 2013 From Bangladesh, Dhaka
Dear Keshav
Thanks for bringing this discussion alive.
Mr. Saikumar's contributions are praiseworthy.
However, this matter has not yet reached a satisfactory conclusion. I hope the person posting this query would respond.
In my opinion, I find that only one member has given a very correct, albeit brief, line of action that a public sector organization would most likely pursue.
As correctly observed by others; Maternity Benefit Act 1961, will not apply here, as the concerned person is not an employee as yet.
Warm regards.
8th May 2013 From India, Delhi
In our organisation , in such cases of pregnency, candidates are made temporarily unfit and asked to report again for medical after four weeks after delivery.. So candidates are not disqualified.
8th May 2013 From India, Mumbai
Perfectly right.
In companies where comprehensive medical examination is done, involving urine, blood and other tests, before appointment; there are guidelines to deal with such cases.
Also, before x-ray is taken a pregnant woman is required to divulge such relevant information.
When the tests reveal pregnancy, a women candidate is declared Temporarily Unfit.
She is directed to undergo second Medical Examination after four weeks of delivery, wherein if she is otherwise found fit; she is offered employment.
Warm regards.

8th May 2013 From India, Delhi
Greetings to all

First, I would like to express my sincere thanks to Ms (Cite Contribution), who connected me though this discussion via twitter and I got a chance to share myself on this case Second, to the one who responded on twitter with his question about CONDITIONS (responded on my reply to her)

Here I go...

Period of Pregnancy and Safety Concern along with the other condition of pregnancy are basic things that must not be forgotten while considering/discussing this case.

I buy that pregnancy should not be the criteria for rejecting the candidate and it would not be ethical too but still without considering the conditions and fact, we must not say whether the candidate should be rejected or accepted.

My first question: How will you get the reality of this case and the real reasons of rejecting candidature of a pregnant woman by the query of Mr. Keshav?

I agree that there is no law that asks us for not to rejecting candidature or not hiring a pregnant woman candidate nor any rule, any law specified in India that compel us to hire a woman candidate by ignoring the facts of pregnancy.

How one can say that only pregnancy can be the reason for rejecting the woman candidate, is my other question to you all. And, if, let's accept, the candidature of a pregnant woman has rejected, but still the few things that we must not forget before going further or discussing it that the period of pregnancy/ present health status, safety concern, mental status of her, work and work atmosphere, and also the break /leave that is required by woman in the future, are the basic points that a recruiter and interviewer have have to consider before employ her. Moreover, there it would not be good to say “accepting or rejecting her candidate but to hire or offering job/employment or not with reasoning pregnancy”.

My Question to all recruiters:

-Are you ready to ignore these aforesaid conditions and facts of pregnancy while considering her candidature?

-Will you hire a pregnant woman candidate for few months while knowing the fact that she is gonna be on leave for the period required by her (allowed maternity leaves as per rules/law) and also where there is no guarantee of her rejoining after completion of granted leave period.

-Are you the one who would never expect or /look for consistency in job of her with regard to past and future employment?

I respect the concern raised by Mr Keshav and consent on it by others but we must not forget, the facts regarding pregnancy of a candidate that really matters in decision making or hiring a candidate and also that we are responsible for health (both physical and mental stress and conditions) and social security of our employees.

About response #21 by Mr SaiKumar, Section 12 of Maternity Benefit Act 1961, is to protect the EMPLOYMENT of a woman but not to expose her to any risk of losing her job on grounds of pregnancy but here we are discussing about hiring or not hiring a pregnant woman candidate who is still not employed or this condition applies to present employee not for future employees. So there is no violation of article 14 which is well cleared by Mr Keshav himself in response #22. Thanks Mr Keshav!

About response by Mr kraviravi your responses are appreciable but there is nothing like that it depends on people to people but to the facts and the real conditions of pregnancy of a candidate and employment.

And requests to all, do not take it as a debate because it is a case that everyone who is from HR Domain need understand

Hope I have cleared myself with every this query and case.

Lastly, the one who asked me the ‘CONDITIONS’ what I tweeted today in response to Ms (Cite Contribution)’s Twit on this case, hope you’ll find your answers by my this response.
8th May 2013 From India, Gurgaon
Dear friends

I appreciate the inputs on this; which can be implemented in private sector; which is much more lenient and aims at optimum exploitation of human resources available.

However, in Government and PSU's the standards of Medical Examination are stringent, well laid out and specific. The examination is not done by a doctor, but a Medical Board comprising of several specialists.

This is necessary for obvious reasons, as well as the benefit of pension to employee/his surviving wife/ or surviving children till the age of majority.

Also, the age of a candidate is also ascertained and recorded by the Board in its Report.

Thus, there is no question of any personal opinion; as rules are very specific.

I can vouch for it, having faced the Medical Board of UPSC and having been a senior manager in Personnel/HR deptt of a Navratna PSU.

The most stringent rule exist for the Defence Forces, followed by govt airlines and railways; para-military services like BSF,Coast Guard, CRPF, CISF etc. Technical services in Gr A & B like IPS, IFS (Forest), IRTS, Customs etc. followed by the Technical services in PSU's.

There are thick manuals. Rules and Policies. Since the President of India is the Head of Govt; the rules after his approvals are published (Notified) in the Gazette of India. The President being the "öwner" of all the PSUs, his directives are followed as Rules in the PSU's.

Before the candidate appears for the Medical Board, he may have to fill up a comprehensive medical declaration'which has a number of question like :

- Have you ever been examined by a Medical Board before ?

- If "yes", then for which service and ....

- when and where was the Medical.....

-What was the result in case you were communicated....

- Have you undergone surgery before...

- Are you suffering from.....

- Do any of your family member including your parents suffer from.....

etc.

Every year these are published in the Gazette of India (Extraordinary) at various points of time.

Coming to the question of a pregnant candidate, appearing for a Medical examination, relevant portion the Annexure III of the Standards of Medical Examination; in the Gazette of India (Extraordinary) dated (the date of notification); is quoted below :
"9. A woman candidate who as a result of tests is found to be pregnant of 12 weeks standing or over, should be declared temporarily unfit until the confinement is over.

She should be re-examined for fitness certificate six weeks after the date of confinement, subject to the production of a medical certificate of fitness from a registered medical practitioner."


Similar sets of rules exists for Govt Deptts, Govt Institutions like RBI and other financial organizations and Banks.

I hope the above is clear. Kindly note, that in case of Govt and PSU, there is no justification in giving one's heartfelt emotions or opinions; as there are clearly spelt out rules, which are binding.

Hope the above will be helpful to the person who posted this query as well as all member in learning and discovering the methodology related to a comprehensive Medical Examination.

An extract of the Gazette notification pertaining to medical examination is attached herewith. One can appreciate how everything including standard and routine procedures like taking Blood pressure; are elaborated in great detail.

Warm regards.
9th May 2013 From India, Delhi

Attached Files
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File Type: pdf Gazette of India Extraordinary (www.mrunal.org) about UPSC Medical Checkup.pdf (317.1 KB, 71 views)

Pregnancy is a gift and Nothing can stop her joining the job. Medical checkup is for only to check the physical health conditions.
9th May 2013 From India, Hyderabad
No woman can be rejected in medical if she is found to be pregnant. However as per guidelines she may be declared temporarily unfit ( depends on fundamental / supplementry rules ) to join duties and later on she can join.
Chaman Jaggi
6th June 2013 From India, New Delhi
If she has not informed the HR during interview then its more of a trust issue.
Pregnancy is a natural biological process undergone by the female of our human species. It's more important than a job offer frankly.
Legally she cannot be rejected but on work grounds she can be.
The job is created for someone who can come in now and fill it up.
If for some reason the candidate is not able to fulfill that condition physically (in the absence of a work from home model as this is a bank) right away,
the opportunity should be passed to a more available candidate who maybe someone who has just delivered a baby and back to take up work responsibilities.
So neither the company is at fault nor the candidate if they have apprised of their condition before hand they can be offered a position post their delivery.
15th June 2013 From India, Aurangabad
B.Saikumar, Need your views How to derive the number mentioned at Serial number 5 Average number of women employed daily.under Annual Return Form 11 under Maharashtra Maternity Rules
4th April 2014 From India, Mumbai
#Anonymous
Dear Sir/Madam,
I am working in marketing field i took leave for 6 days (my wife is hospitalized for delivery) by sending leave application by mail to concerned person but they have arranged training program on the same days and send mail to my personal mail id even though they have my official mail id, i called them and explained my situation but my manager said he don't bother my problem and have to attend training but i said No i am not in the situation to attend training, after completing my leave i came to office i saw in attendance book they marked as absent form the day i took leave to till date(today) when i asked my admin he said manager has asked to mark until you report to chennai office and suddenly 2 days back manager mail me that my services has been transferred to chennai office and i have to report there, and called me to not to come to Bangalore office, sir please give me suggestion what to do.......
shall i resign...........?
4th April 2014 From India, Bangalore

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