Demanding Performance Improvement During Pregnancy? - CiteHR
Nathrao
Insolvency N Gst Professional

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Hi, I am working in a company based at Gurgaon. It is one of the big MNC and has 10,000 employees in India. It is US based company and very well known. When my manager came to know that I am pregnant she tried to put me in Performance improvement plan. I declined it because she told me that after 20th Jan, 2018 (1-month performance would be calculated from 18th Dec 2017 to 18th Jan 2018), they may issue a relieving letter. I declined this over email and same day I asked HR. When HE discussed this with me then HR suggested me to wait for 2 days. In discussion, HR was not in favor of me as well. I have worked more than 10 years in this company. Please suggest.
1. If the company can ask me to resign during pregnancy.
2. Can I take some leaves in January because my manager refused but my doctor advised me to take 1 leave per week.
3. What I should do if they insist to resign?
4. Can Someone put a pregnant lady into Performance improvement when she is expecting more rest during pregnancy
Awaiting quick responses. I would update my final results which may help others.
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Have you officially informed your company about your pregnancy?
In writing with doctors report.
4. Employment of, or work by, women prohibited during certain period.- (1) No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery or her miscarriage.
(2) No woman shall work in any establishment during the six weeks immediately following the day of her delivery or her miscarriage.
(3) Without prejudice to the provisions of section 6, no pregnant woman 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.
390
(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.
Sec 10 of the act my also be referred.
This is what the law has to got say about your problem.
You need to diplomatically but firmly inform management about her health
requirements.
It is not easy to dismiss a person during her pregnancy period.
Formally request for leave as per medical advice and request that PIP Be done subsequently after you join back.
Be diplomatic.
There is certain amount of legal support for a pregnant employee.
Dear Nathrao Sir,
Yes I have already informed the company in August that I am pregnant. I had taken 1 month leave in September as well ( leave without pay).
As advised by you,
I am going to write them ( HR and my Manager) today that my doctor and health does not allow me to work all days and I would take a leave every week.
Also, I would not accept this performance improvement until my maternity is over.
Please suggest if anything else I should write this to HR.
Have a courteous interaction with HR.
Explain problems with support medical documents.
Law supports you but you need to be careful and cooperative on work matters
PIP can be rescheduled after your health improves
Dear friend,
It is my sincere advice not to resign even though management put pressure. This is the stage you need to remain calm and cool. Whenever you put anything in writing (leave) it should be associated with prescription where sufficient precaution and do's/don's has been advised by the doctor for you. The big problem is that people in organisation they do not respect rules and are inhuman. You are advised to consult a consultant best in the field and to move on. Wish you safe delivery.
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