AnonymousI am an employee of a private school which is run by a religious community. Was employed in the year 2020 on probation. Each year the probation period is extended without giving any valid reason. Last year before the end of contract period the principal had a discussion about making me permanent but as per the norm the letter was not given in December, because the contracts were given from January to December( as has always happened). I joined back in the month of February after winter break and was given the letter “Extension of Probation” and the tenure is from 1st March, 2023 there was no mention of the month February during which I had worked on all working days. The reason that was given for not making me permanent was that covid period won’t be counted. Now, at present I am pregnant and in my first trimester. Had bleeding last week and was advised complete bed rest by the doctor. When I took this concern to the principal he approved only 2 days leave and I had to resume my duties, because of which this week I had bleeding again, twice and had to be rushed to the hospital. Upon investigation the doctor found some collection around the foetus and strictly advised absolute bed rest. Today when this situation was discussed with the principal he got riled up, was extremely rude and blatantly said that if I take 2 weeks leave then he will look for other options. At this time when I cannot risk any kind of physical and mental stress this situation has put me in a tight spot. I am completely baffled by the reaction and absolutely clueless of what to do. At this stage when my medical expenses have escalated I cannot afford to be job less. Please guide me. What should I do?
From India, Amritsar
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Seasoned Ir Professional
Sr.manager - Hr&admin
Primarily your health and baby's health is very important rather than employment. You may get a new employment. So please do not stress yourself and get your health spoiled. The move of your School Management is not at all ethical. They are breaking your contract to avoid continuity of service. Not sure whether you are covered under ESI. If you are covered under ESI you can claim the benefit through ESI and your School Management need not worry about paying you leave with salary. If not covered under ESI your employer need to consider and if they deny you can contact Labour Officer of your jurisdiction. Leaving the employer issue aside if you are having any family mediclaim insurance you can use it for delivery expenses.
From India, Madras
Madhu.T.KA woman employee is entitled to get 26 weeks paid maternity leave with salary if she has worked at least for 80 days (just 80 paid days) during 12 months preceding the expected date of delivery. This is a right of every woman employee for that probation, fixed term contract and else service conditions are not applicable. Therefore, you can avail your maternity leave. As per law, the maternity leave may be taken 8 weeks preceding the date or expected date of delivery. Any leave prior to it shall be management prerogative but harassing an employee, terminating an employee for the reason that she is carrying is beyond the law and the school authorities will have to answer for to it.
Please get a report of the expected date of delivery and count backwards and apply for maternity leave. If you have physical/ health issues relating to pregnancy, obviously, you can take your approved leave after making substitution arrangements. In case the management refuses, you can approach the Labour department and also the Women's Cell.
From India, Kannur