Jr HR Executive
Hi, Unfortunately, we are ending the services of a female staff - who is 4 months pregnant. Does any one of you have any termination/end-of-service letter for the same? Regards Himanshu Saxena
From India , New Delhi
Dinesh Divekar

Dear Himanshu Saxena,

You have raised a query about terminating the services of a 4-month pregnant employee. However, you have not mentioned, why you wish to do it, the length of the service of the woman employee, etc. If poor performance is the cause of termination, then did you issue her warnings about her poor performance and if issued, then how did you issue them?

Please provide us with a complete background of the case. Opinions cannot be provided for a one-sentence post.


Dinesh Divekar

From India, Bangalore
Jr HR Executive
She has asked for her annual leave (Not Maternity), because of some complications in her maternity, Dept/Division unable to do so- as she has already exhausted all

Hence, the division/dept has decided to terminate her contract.

From India , New Delhi

Ask the employee to resign from her side but assure her to pay the compassionate amount over & above the notice period Or otherwise relieved her job by assigning the notice pay(as per terms of appointment).
From India, Mumbai

In my opinion, you cannot terrminate a woman when she is pregnant.

I presume that she is outside the purview of ESI coverage.

In such a case, in my opinion, the only option you will have is to give her Maternity Leave with pay.

You can seek her resignation only after she rejoins employment after completion of her Maternity Leave.



From India, Madras

Ending or termination during a pregnancy really going to be troublesome for you as HR. Provisions of the Act, if invoked will favour the employee. Have you received the intimation etc in the prescribed forms as per MB act ? Pl.try to treat the case compassionately, after all a pregnant woman will have no choices but to abide by the medical advices. Talk to her in the manner befitting the circumstances, see whether you can find an amicable solution mutually agreeable. Coercive steps least desired.
From India, Bangalore

Maternity Benefit Act very clearly states that you can not terminate services of a pregnant woman who has worked for more than 80 days of you in the period till her delivery... So you are asking for trouble and a lot of legal costs and penalties.

The act also allows her to take unpaid leave if her EL is exhausted before she takes the maternity leave.

you need to let her continue to be employed till she rejoins after delivery.

From India, Mumbai
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