Partner - Risk Management
Legal And Compliance Consultant
Learning & Teaching Fellow (retired)
Dipal Shah
Recruitment, Competency, Performance Appraisal,

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We belong to SME manufacturing sector. We have a pregnant employee (3 months pregnant) who has been irregular in attenance and coming late to ofice everyday. When we raised an issue with her as it was affect work she has forwarded following mail


Dear sir/madam,
As per you below mail i accept i have several absentism and latecoming in my pregnancy period. i get 1 week leave as instructed by my gynac in last month. and bcos of my pregnancy i have morning sickkness. i m not able to come at 9.00 am every morning.
its very pleasure if you could understand and grant me to come 10.00 am every morning. you can cut for my latecoming . however i will try to come 9.00 am
REQUEST your inputs on the above and what should be our response.

From India, Pune
The MB act allows for up to a month of sick leave if the illness or problem requiring leave is because of pregnancy, delivery or premature birth. During this month, employee is entitled to usual wage. But she need to submit proof of the illness.
The MB law states that from 10 weeks before women employee's due date, she will not have to do arduous work, stand for long hours or be asked to do any other work that may cause problems. A working woman also has right to ask for light jobs during pregnancy.
Now, you are advised to tell her to submit the proof of morning sickness, must issued by a registered medical practitioner, and if she submits, you can and should grant her leave (1 hour).
for further or any other query call/mail me.

The law as rightly stated above provides for leave in case asked for by the doctor
However it does not require you to allow the employee to be late every day or come when she feel like.
Your organisation is small so you know the nature of the work force and their attitude. Will the rest of the employees accept this as necessary or will generate ill feeling and resentment
Take a decision accordingly

From India, Mumbai
I am not a HR person or a law expert. But as a lay retired person, I can say that there should not be any problem with the staff, as she is not asking to come late for gratis; she is prepared for you to cut her wages when she is late. However, you are the best judge to say whether the work will be affected if she comes up to an hour late on occasions.
From United Kingdom
Hi All,

Apologies for delay in reply. I have considered inputs given by our colleagues on Citehr and arrived to a decision which I have conveyed to this employee as below.


Dear ___________,

Appreciate that you have accepted your regular absenteeism and late marks. Further you are also ok if your salary is deducted for excessive late marks. However please understand we at AXIS are not interested to deduct salaries of employees for late coming rather Our motive is to develop habit of punctuality and regular attendance in office so that work doesn’t get hampered. Further, we also do empathize with exceptional cases like you have stated below and would be ok to help such employees. In your case the situation was becoming difficult because besides coming late you were not even bothered updating your HOD and other team members so that your tasks for the day can be given to others in the team.

In this regard, we have decided to give you 15 mins concession i.e. You can reach office by 9.15. However after 9.15 it would be considered as a late mark upto 10 a.m. and the salary would be deducted as per company policy. You are expected to update your incoming time to your HOD and on the AXIS whatsapp group before 8.30 a.m. along with pending activities which may need attention /action till you reach office.

Besides, your HOD is already allowing you periodic short breaks during office hours whenever needed, which I am sure would help you overcome pregnancy related sickness.

I am certain this arrangement is good enough for both you and organization and we can work together for organization’s benefit.


From India, Pune
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