Bsprasad
Recruiting / Resourcing / Immigration / Softskill
Nayan Kathawala
Labour Law Consultant
Nathrao
Insolvency N Gst Professional
Mr.Bean
Executive

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Hey Guys...Submitted a pregnancy test report as a proof of pregnancy but company doctor is insisting on Ultrasound scan report in order to confirm pregnancy. The company maternity policy does only mention about test report but is not specific to a particular test report. Not happy to submit USG and want to understand whether employer can ask USG report to avail maternity benefits ? Are maternity benefits not protected by Law ? HR and company doctor is insisting on submitting the USG report and not happy to do so. Please help understand employee rights in this regard.
Notice of pregnancy from your doctor is enough.The equirement of USG is excessive.
Maternity benefits are protected by law and cannot be legally withheld
The production of a certificate in Form 2 from a registered medical practitioner certifying the pregnancy, delivery, miscarriage or illness arising out of pregnancy, delivery, premature birth of child or miscarriage of a woman shall, for the purpose of the Act and these rules, be proof of such pregnancy, delivery, miscarriage or, as the case may be.
Please produce a medical certificate from your doctor and that is adequate.

As I Know It is Form B under Maternity Benefit Act for Certificate of Certified Medical Practitioner.
Decline to submit USG as it is too personal a report.Quote the relevant sections of MB act and politely inform them not to ask for what is laid down in the Act.
You are only Suppose to give form B under Maternity Benefit Act and it is to be Authorized by Certified Medical Practitioner.
1. Why are you even supposed to submit a proof?
2. Does your company HR policy or HR manual states that you have to submit the proof?
3. If its says so, Can you get your hands on that.
4. Its illegal to ask for any proof whatsoever as per Indian Constitution.
5. You can drag your organization for harassing you.

Company in their Maternity Policy has mentioned "test report" to be submitted to confirm the pregnancy by the company doctor. Submitted a pregnancy test report from diagnostics, now they are asking for USG to be submitted to confirm. Not sure why they are insisting on a particular test report, all are blindly following whatever HR is asking...
Company is exceeding the legal requirement by being intrusive in the name of verification. a complaint to Local labour officer will bring them to follow normal procedure as per law laid down.
Thanks for all inputs, very helpful and understood the requirements. Defiantly will deny to submit a report.
Please help me in drafting a letter to HR team. Appreciate if anyone can PM me or reply on this for a sample draft mail..

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