My wife is a SAP consultant and was recently denied her request to work from home due to pregnancy-related health concerns. She's too weak to travel every day, and her office is almost an hour away. She had shared a doctor's note with HR that said travel is not advised at least until the 14th week. The company said "It's not their policy to give WFH" for more than two days per month. At the same time, many of their employees have been working from home over the last year, and they were permanently working from home for many months. Complicating matters, the company refuses her last month's salary for not serving the 30-day notice period, insisting on her physical presence during this time, which is impossible given her condition.
What step should we take next?
She is thinking of quitting her job effective immediately. I want to file a case against them for this mistreatment. After all, her nature of work allows her to work from home. What are the legal provisions available for us? Would it be possible to send a notice after she has tendered her resignation, or should she hold on to that for now? She's not planning to go to work anyway.
Please advise. Thank you.
From India, Bengaluru
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What step should we take next?
She is thinking of quitting her job effective immediately. I want to file a case against them for this mistreatment. After all, her nature of work allows her to work from home. What are the legal provisions available for us? Would it be possible to send a notice after she has tendered her resignation, or should she hold on to that for now? She's not planning to go to work anyway.
Please advise. Thank you.
From India, Bengaluru
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Hi, Whether to allow an employee to work from home is the employer's prerogative. On humanitarian grounds, the employer should consider it, but it cannot be demanded as a right. If the employer is denying maternity leave, you may file a case before labor officials. In this scenario, working from a home office is at issue. If the employer is not considering the work-from-home option, advise your wife to apply for leave.
From India, Madras
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1015From India, Madras
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Thank you for your response. We have not applied for maternity leave as she's still in the 8th week of her pregnancy. Maternity leave is available only after the 28th week. The issue here is she's not in a condition to travel to work every day without risking the safety of the baby. She had only applied for work from home for a month. They denied it as well and are forcing her to quit.
Just wanted to know if this is a case of discrimination. Forcing her to terminate her employment due to unavoidable pregnancy-related reasons.
From India, Bengaluru
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Just wanted to know if this is a case of discrimination. Forcing her to terminate her employment due to unavoidable pregnancy-related reasons.
From India, Bengaluru
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Hi, To reiterate, if the employer is not sanctioning maternity leave or is forcing resignation on the grounds of maternity, the employer's decision can be challenged before labor officials. However, not considering work from home cannot be questioned but can be requested, or leave can be applied for. Alternatively, she can apply for early maternity leave if feasible (all pregnant women are eligible for 26 weeks of maternity leave for the first and second child, out of which they can take a maximum of 8 weeks' leave before their expected delivery date).
Also, just want to ensure your spouse is eligible for maternity benefits and has completed the stipulated period with the company (a woman is eligible to take maternity leave under the Act only when she has worked with the employer for at least 80 days in the 12 months preceding her expected delivery date).
From India, Madras
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Also, just want to ensure your spouse is eligible for maternity benefits and has completed the stipulated period with the company (a woman is eligible to take maternity leave under the Act only when she has worked with the employer for at least 80 days in the 12 months preceding her expected delivery date).
From India, Madras
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Your understanding of the law is incorrect, Mr. Menon.
Maternity Leave Entitlement
The law allows the employee to take a maximum of 8 weeks of maternity leave before delivery. It's not limited to the last 8 weeks. Besides, you can also apply to the company for unpaid leave or use the accumulated sick leave and PL for the period she is unable to go to work.
Notice Requirement for Maternity Leave
You need to give notice of maternity leave as soon as the pregnancy is confirmed. If you have not done that, then you do not have a remedy in the law, and they can terminate your wife. If she has given notice of pregnancy, then they cannot terminate her until the end of the pregnancy.
From India, Mumbai
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Maternity Leave Entitlement
The law allows the employee to take a maximum of 8 weeks of maternity leave before delivery. It's not limited to the last 8 weeks. Besides, you can also apply to the company for unpaid leave or use the accumulated sick leave and PL for the period she is unable to go to work.
Notice Requirement for Maternity Leave
You need to give notice of maternity leave as soon as the pregnancy is confirmed. If you have not done that, then you do not have a remedy in the law, and they can terminate your wife. If she has given notice of pregnancy, then they cannot terminate her until the end of the pregnancy.
From India, Mumbai
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Manage your Work and Maternity Leave.pdf