The only intention, of the employer, to frame such policy, is Organisation is worried that in many instances, ladies do not join the duties at all, because of complete change in their life style, as soon as new baby arrives in family. This ‘leaving the job’ may not be intentional, but due to circumstances, they are forced to do so.
One should also consider the fact, that at the initial 6 to 7 months of pregnancy also, woman employee attends the office, and provides her services, though she is uncomfortable physically.
Whether a woman continues or discontinues, she must be taken care by the organization, not only as legal binding, but mainly on humanity grounds. After all, what is HR.. it is H U M A N R E L A T I O N S.
Please.. please.. do not think of changing your policy of releasing monthly payment to pregnant woman employee !!

From India, Mumbai

Recruitment/Talent Acquisition, Career counselling & Startup Advisory Services
Hello Swadha,
While other members have pointedly & appropriately answered your query, I am only adding to express a view.
REALLY AMAZING how a human mind can MOULD/USE even such an innocuous natural phenomenon like child-birth to suit their own set of GREEDY & LOPSIDED objectives.
This is surely another way of Companies, albeit a devious AND ingenious way, to AVOID hiring women--UNLESS they are Spinsters AND/OR give an undertaking that they will not avail MLs--PUN INTENDED PL.
Tell your bosses that they not only will need to face the flak IF anyone goes legal from the ML angle, but also stand a chance of facing other Acts too. Now-a-days, all it takes is a PIL to bring such characters to book & make them realize that those days are gone when they can take everyone for a ride & keep-on endlessly USING others.

From India, Hyderabad

Asso.Prof.(Commerce & Management)
Dear Swedha,

Many friends pointed out the legal provisions. Keep aside those prov. for a moment, please apply your mind logically with a human touch. I'm sure you must be a female employee and hence it's needless to elaborate what sort of problems a pregnant woman would under go pre-natal and post-natal conditions and associated medication and expenses thereon. Don't U think your attempted policy cast unbearable hardship to your colleague ? I could guess why this kind of idea emerges in you. Instead you should think other ways and means to retain good employees which is healthy and would be appreciated by all. May be you should evolve Maternity Advance to help them meet additional burden during pregnancy and a worthy gift to the "just born" baby as well to the mother who gave birth and help her in resuming duty at the earliest strengthening the facilities in your office creches and by suitably adjusting her duty time in order to take care of the baby. Which I consider a progressive and proactive measures. Better sense should prevail friend.

From India, Bangalore
Raj Kumar Hansdah

I appreciate everyone for their correct opinion and advice.
Dear Swadha, It is good that you thought it better to seek the opinion of members before even thinking of implementing such an illegal scheme.
It is so unfortunate; as Tajsateesh has also pointed out; that some companies are so greedy and ruthless to look at their interest only and not to worry about the plight of their employees - to the extent of even thinking of acting illegally.
What if an employee refuses to continue to work in your company ??
It is her absolute right, whether to continue or not.
The payment of benefits under the MB Act is a necessity and a compulsion under the law; and also the right of the employee.
It is not a dole or charity.
Nor is it a business investment - from where returns must be extracted at all cost.
Tell your management that it is a legal compliance; and whether the employee returns to work or not; should be treated as a business risk which can not be avoided.
Warm regards.

From India, Delhi

You have raised three questions

1. Please tell me if we can execute this policy

No organization in India can execute this policy

2. what are the cons of it.Can the employees sue the company because of definyng such policy ?

Concerned authorities can prosecute the Occupier/Owner of the Organisation for not paying maternity benefit

Employees cannot sue on the policy. But when an employee does not receive maternity benefit as defined in Law can appeal to the concerned authority. They will issue notice and ask the management to make payment

3.What can be done to ensure that the employee does not leave the company after receiving the payment of the 3 months of pregnancy leave.

This is known to all at the time of recruitment. Many BPOs and IT try to overcome this issue with the concept of "work from home" In some cases, based on the individuals skill level, Companies offer part time positions. But these steps can help only in very few cases


From India, Chennai

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