Dinesh Divekar
Business Mentor, Consultant And Trainer
Dipal Shah
Recruitment, Competency, Performance Appraisal,

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Dear All,
We are the mid size manufacturing industry where we need employees punctuality. One of our employee is 5 months pregnant. We have given her 15 mins concession for coming in office & as and when she requires her health check up she remains absent without informing her department
But now despite giving verbal and written warning she started taking liberty on our concession and taking unnecessary leave and coming late almost everyday. As per the maternity law we can not sack someone because of pregnancy issue but this is affecting our work in very larger manner
Please suggest what measures should be taken in this kind of situation
Please note : Salary deduction are done as per the company policy, she knows that as well.

From India, Pune
Dear Dipal,
You have written that "As per the maternity law we can not sack someone because of pregnancy issue". Maternity Benefit Act does not condone indiscipline or unauthorised absence.
You have been lenient with the woman employee as much you could have been. However, if she starts taking you for the ride then you need to show her place. Nevertheless, in light of her pregnancy, you need to have sufficient evidence to for her termination. You may follow regular procedure of conducting domestic enquiry. In this enquiry, impose some penalty but let it come with a rider that her any misconduct in future will lead to severe disciplinary action.
If she does not mend her ways then you may conduct second domestic enquiry and terminate her services. If you follow principles of natural justice then you do not have to worry about termination pending her delivery.
There is one more solution. After first domestic enquiry, counsel her to go on maternity leave. Before she proceeds on leave, tell her to handover her complete charge of her duties and company property allotted to her. As she proceeds on leave few weeks later, tell her that her services are no longer required and last day of her maternity leave would be her last working day.
Dinesh Divekar

From India, Bangalore
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