Nelsonthomas9102
Hr Executive
Pmon
Working
Bksharma
Turnaround And Management Training
Syed Yasar
Manager Human Resources
Vmlakshminarayanan
Sr.manager - Hr&admin
Abhishek Unni
Marketing Executive
Hr@marqueimpex.com
Sr. Hr-executive
+3 Others

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Dear Experts,
I am an employee of a Banaglore based firm. I m their only resource here in Pune and report to the manager who sits in Mumbai.
I am pregnant and recently started with my 8th month of pregnancy. I had informed my employer about my pregnancy in the 4th month itself. However, did not receive any sort of response over this mail.
Now all of a sudden during my 7th month I get a call from my manager in Mumbai, and informs me very blatanly that management has decided to transfer me to Bangalore on report duties in mid of November (which is during my 8th month) and also mentions one months time is good enough for you to get relocated. He is fully aware of my condition and when I tell him I would want to discuss the matter with management directly he does not respond positively.
I personally call up the Director of my company (management), who initially does not receive my calls and sends only text messages. I insist on the call and receive same after a couple of days.
And then states to me that it is a purely business decision and company would be closing Pune operations as it is not upto their expectations.
And now they are digging out issues to prove that I have not been performing well and need an intensive training at HQ in Bangalore and asking me to report to Bangalore Head qaurters in next 4 days.
The reporting date to the HQ has kept on changing , first when I get a call from the manager he sayd mid of November, then in the mail he specifies 1st week of January. Over ths mail I respond that I will ot be able to join as he mentioned date falls during my maternity leave. Then I get esponse from the company director asking me to report on 15th December. Then when I speak to him over the call, you can report after the maternity leave but need to confirm now. Also he mentions we will give only 3 months maternity leave as we are not a very big organisation. And again today I receive a call and a mail saying that I have to report on duty at HQ this week that within next 3-4 days.
I am really stressed out with all these happenings . I really feel that they do not want me to provide my mternity leave and escape from it and thus bringing out performance issues. I should also mention that I have met the targets that were alloted to me this year.
Please suggest

Hi Partner,
There is no need to worry. The first thing to do is meet the doctor for a check up on whether the tedious activities involved in a relocation, can affect your pregnancy. Most doctors would be against such travel at this time of maternity, especially if there are issues of blood pressure fluctuation or pregnancy related diabetes.
A medical certificate can then be issued by the doctor advising against travel and this can be submitted at the company.
With regard to confirming now on your joining at Bangalore, it is alright not to confirm on this stating that you would not be sure on the state of your health after delivery.
As for not providing the entire 6 months maternity leave, you can provide them a letter requesting for the reason as to whether they have any exemption under the maternity benefit act 1961. It is alright to let them know that you would like to check on this with the labour commissioner.

Hi,
While the transfer of the employee from one location to other location is at the discretion of the employer, transfer at this juncture when the employee is running her 8th month pregnancy is not right. As per Maternity Benefit Act your employer is bound to sanction 182 days leave with salary and subsequent extension of one month leave if needed as per doctor advise.
Please keep copy of all the correspondences with the employer and make a firm request for Maternity leave as per Maternity Benefit Act. Even if employer suggests of 3 months maternity take it in writing and you can make a complaint to the Labour Inspector of your jurisdiction.
Hope you fulfill the eligibility criteria for Maternity leave as stipulated in the MB Act (worked with the employer for at least 80 days in the 12 months immediately preceding the date of expected delivery).
Also please don't be under stress as Mothers mind set is equally important at this juncture. Whether you get maternity leave with pay or not / whether you will be able to continue with your employment or not - these things doesn't matter. Please pay attention to your health and safe delivery which is more important than all above.

Nothing in the ESI Act or MB Act prohibit transfer of women during pregnancy. But it is not right ethically.
In case of legal dispute it will be considered objectionable and aginst organisation. It must have approval of concercened employee. B K Sharma
I Agree with Sri V.M.Laxminarayanan comments.
Which section of MB Act prohibit transfer of employee during pregnancy.
Hi, Do not worry, take care of your health,
Apply for Maternity Leave which you can take 8 week before expected date of delivery, for transfer issues you can decide later.
In case of denial approach Labour Department.

If someone is in Maternity, there are no laws written to prohibit relocation of a pregnant women. But the women can take their maternity leave in this course of time so that she could relocate after her delivery, which cannot be revoked by your manager or any other higher authority of your organization.
Hope you find this information useful.
If you have any other queries regarding any labour law compliance call me @8356832404

The earliest that you can start your maternity leave is 11 weeks before your expected week of childbirth, which is when you are about 29 weeks pregnant. But as per your posting you are running 32week. Now question is, why you have not avail the leave sofar?
You inform your managemnt in writing that you can be proceed with transfer after your MB leave ends. The blaming managemnt is not a solution to your problem. Rather discuss with your HR and produce your medical certificate that clinically you are not allowed.


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