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Anonymous
Hi,
I work for a reputed company in Bangalore as Regional sales manager. I joined the company in Jan'18. My immediate supervisor told me during interview that it is a team handling role and after a month of joining I started taking reporting of 7 executives. There is no clause of confirmation mentioned in my appointment letter. Hence, I am confirmed from day1. I conceived in Feb'18 and as per doctor's recommendation I asked for 1 month leave for the month of May'18. My manager approved verbally. I submitted all the relevant doc certificate through mail to HR and manager and applied leave in the official system. Since I didn't accrue so many leaves, I asked the payroll dept to treat those as LOP. Few days prior to my joining, I had to call my manager to seek extension of leave by few more days, due to medical concerns. He rudely denied and asked me to put resignation. I denied. But he kept on calling me seeking my resignation. I called my HR,politely informed about this & asked if she can help me. She immediately informed my superboss and asked me to submit my prescriptions over mail. I did that. Upon my joining, my manager immediately instructed me not to take reporting of my existing team, giving reason that my absence from work due to pregnancy is demotivating the team. I requested him to give me some team member since to meet the sales target someone has to run around for clientmeeting & in this situation doctor recommended to reduce travel. He told he can't give from existing team. Either I can hire freshers, else he can come for my meetings once a week. Given the business the company is in, both the options are not good enough to meet my target. He didn't listen to my requests and everyday verbal abuse continued for me not meeting sales target. After 10days of my joining, he gave feedback that I am unable to meet my target now and if it continues till monthend, I will be put on PIP. He told he discussed this with HR and his superboss. However, before proceeding for the leave, I individually contributed 70%&30% of the team's achievement consecutively, which I donated to my team members. I also received an award for my team's achievement and congratulations mail from seniors. Please advise if my manager can put me in pip on the basis of my 1 months performance, that too in this medical condition where I am working with limitations? Can they terminate me and deprive me from getting maternity benefits? How can I save my job and get my due maternity benefits?

From India, Bengaluru
nathrao
3131

From facts narrated, it appears that company does not want to be saddled with maternity leave payments.
Company is making excuses to create documentation of poor performance and lack of interest in work, while as per what has been stated all documents regarding medical conditions has been given from time to time.
Probably you can raise the level to higher ups in writing.Obtain an acknowledgement of your letter.
Company cannot legally stop your maternity benefits payments but subsequently they can create problems about keeping you on rolls.
How where earlier lady employees treated when time for maternity benefits came up?
That could be a kind of guide about company attitude.
Legal remedies do exist but one has to be careful and take all steps to solve matters in house before approaching Labour officer and advocates.
PS Pl make your query in paragraphs for easier reading and understanding.

From India, Pune
kankis
1

Hi,
You should be able to get your answers from the act itself. Refer to the below link.
Most of the scenarios are covered in this. You can act accordingly.
https://labour.gov.in/sites/default/...fitAct1961.pdf
Regards,
Santhosh

From India, Mumbai
Bangalore18
Mr. Nathrao, thanks for your reply. I spoke to couple of employees who came back from maternity leave. As per their feedback company is cooperative when the reporting authority is cooperative.
Should I write to HR about the chain of events?

From India, Bengaluru
Bangalore18
Mr. Santosh, Thanks for your reply. The link seems to be the older version of the act. Please correct me if I am wrong. Thanks
From India, Bengaluru
Bangalore18
Mr. Santosh, Thanks for sharing the link. However, it seems to be the older one. Please correct me if I am wrong.
From India, Bengaluru
kankis
1

The Act has not changed and only the amendments are made to update the no of days of ML. The original Act covers most of the scenario based questions.
From India, Mumbai
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