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HumaAhmad
Hi,
I'm associated with my current organisation since 3 months. There is 6 months of probation period in this company. Few days back I got to know that I'm 1 month pregnant. When I communicated this news to my manager he asked me to connect with HR, since I'm in my probation period how can I get pregnant! This was his concern.
When I connected with the HR, she was forcefully asking me to resign and was very rude during entire conversation. I took 4 weeks of work from home on gynaecologist's recommendation and now the HR and the manager are after me that I should resign because in future there might be chances that you won't be able to travel to the office and the manager wants you to come to the office everyday.
This role is entirely desktop job and entire team works remotely and I only go to the office since I'm a new joinee and in probation. I didn't get anything in written that during probation I can't take WFH . It's manager's policy.
My concern is here, now after knowing about my pregnancy can they terminate me giving other reasons like performance related (this is the only reason they can frame or increase my probation) as 3 months of probation is still left.

From India, Bengaluru
Madhu.T.K
4193

Giving you permission to do work at home depends on the management. During probation, no company would permit an employee to avail work from home facility because probation is a period during which an employee needs to work with the others, take inputs from the managers regularly and subject herself/ himself to evaluation of various attributes regularly. Therefore, you cannot fight for a right that you should be given work from home.

During pregnancy the employer cannot terminate an employee. True. But there is nothing illegal if the probationer is dismissed from service without assigning any reason nor giving him/her any notice. as such, if they just terminate you 'without putting any reason' you do not have any other option. Alternatively, you can get relieved and join some other company after a break for delivery and child care. If you fight with the employer, you may lose your chance to get a better opportunity in future. the maximum the labour law enforcing authorities can do for you is to stay the termination quoting the relevant provisions of the Maternity Benefits Act but the employer has the right to extend the probation to the extent of leaves taken by you. Once your have availed the maternity leave, it is open to the employer to take a call whether to keep you in service or not. If they terminate you then (after your maternity leave is over) how would you challenge the dismissal? Since a probationer can be terminated without following any protocols, there will be no choice. Again, in such scenario, you will not find a good opportunity because the reason for leaving service is termination and no employer would accept it. Moreover, any background verification would fail because of the negative remarks on you about your act of involving the Labour Law Enforcing Officers.

One more thing is there associated with entitlement for 26 weeks leave. The maternity Benefits Act says that in order to be entitled to benefits the employee should have worked for 80 days in 12 months preceding the (expected) date of delivery. There are two conditions, ie, 12 months before the date of delivery and during 12 months 80 days working. 80 days' working will be met, anyway, but will you meet 12 months' service before child birth?

From India, Kannur
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