I am working in an organisation and informed my manager about my pregnancy, and immediately he put me into pip for a month, but later he did not even review my performance for the 4 months and again after 4 months, he put me into pip when I turned to 6 months pregnant, please let me know what can I do in this situation.
Dear member,
It is unfortunate the challenges you are facing in your company. However, while writing the post, you have not provided certain information. Please confirm the following:
a) For how many months or years have you been working in the current company and what is your designation? What is the nature of the industry?
b) How many subordinates report to you? Please note this question is important to ascertain whether the provisions of the Industrial Dispute Act apply to you.
c) How did you inform your pregnancy to your manager? Did you keep HR in the loop of information?
d) Did the performance appraisal (PA) take place when you were put under a Performance Improvement Plan (PIP) for the first time?
e) Did you seek clarification from your manager for putting you under PIP? If yes, what kind of communication was it? Did you write an email to him?
f) By chance, if the manager was unresponsive, then did you escalate the matter? If yes, then to which level?
g) We need replies to questions (e) and (f) when you are put under the PIP for the second time. Please provide answers to both points.
h) Otherwise, how were your relations with the manager? Is it that you were in bad books with the manager and he is using your pregnancy as an opportunity to get rid of you?
i) When the events unfolded, did you approach the HR department? What is their take?
Final comments: - Unless we get complete information, it will not be advisable for us to recommend further course of action. However, please note that if you have not informed the HR Department about your pregnancy, then please do so. Obtain the certificate from a certified gynaecologist which states the expected date of delivery, scan the copy and send it by email. Secondly, do not take tension, the Maternity Benefits Act protects your eligibility for maternity leave. However, it may not be smooth sailing. You may have to struggle or put up strenuous efforts. So please be prepared for it. Lastly, if you are ready to run the gauntlet, then extra-organisational remedies are available. However, I am not recommending those at this stage as you could bog down because of the information overload. Provide the answers to the questions asked then we will see what to do further.
Thanks,
Dinesh Divekar
From India, Bangalore
7892It is unfortunate the challenges you are facing in your company. However, while writing the post, you have not provided certain information. Please confirm the following:
a) For how many months or years have you been working in the current company and what is your designation? What is the nature of the industry?
b) How many subordinates report to you? Please note this question is important to ascertain whether the provisions of the Industrial Dispute Act apply to you.
c) How did you inform your pregnancy to your manager? Did you keep HR in the loop of information?
d) Did the performance appraisal (PA) take place when you were put under a Performance Improvement Plan (PIP) for the first time?
e) Did you seek clarification from your manager for putting you under PIP? If yes, what kind of communication was it? Did you write an email to him?
f) By chance, if the manager was unresponsive, then did you escalate the matter? If yes, then to which level?
g) We need replies to questions (e) and (f) when you are put under the PIP for the second time. Please provide answers to both points.
h) Otherwise, how were your relations with the manager? Is it that you were in bad books with the manager and he is using your pregnancy as an opportunity to get rid of you?
i) When the events unfolded, did you approach the HR department? What is their take?
Final comments: - Unless we get complete information, it will not be advisable for us to recommend further course of action. However, please note that if you have not informed the HR Department about your pregnancy, then please do so. Obtain the certificate from a certified gynaecologist which states the expected date of delivery, scan the copy and send it by email. Secondly, do not take tension, the Maternity Benefits Act protects your eligibility for maternity leave. However, it may not be smooth sailing. You may have to struggle or put up strenuous efforts. So please be prepared for it. Lastly, if you are ready to run the gauntlet, then extra-organisational remedies are available. However, I am not recommending those at this stage as you could bog down because of the information overload. Provide the answers to the questions asked then we will see what to do further.
Thanks,
Dinesh Divekar
From India, Bangalore
Dear Member
Greetings
As you have clearly stated that you are 6 months pregnant during your second PIP , so you can claim for your maternity leave and discus with your HR about your health conditions and make it mutual or attend the PIP through Online .
if your first PIP performance was not reviewed , ask your HR for review report through mail , and if not answered , you can go though the District Labour department where officials help you in this case .
if you are not aware whom to get in touch , do write here will guide you through
From India, Vijayawada
Greetings
As you have clearly stated that you are 6 months pregnant during your second PIP , so you can claim for your maternity leave and discus with your HR about your health conditions and make it mutual or attend the PIP through Online .
if your first PIP performance was not reviewed , ask your HR for review report through mail , and if not answered , you can go though the District Labour department where officials help you in this case .
if you are not aware whom to get in touch , do write here will guide you through
From India, Vijayawada
There is no need to review the performance. Let the employer keep you under PIP. It will not impact your right to get maternity benefits under the Maternity Benefits Act. If the employer is thinking of dismissing you from service following provisio to section 12(2) (a) of the Act, he is wrong. The said provisio only says that dismissal of a woman employee for gross misconduct shall not have the effect of 12(2)(a). Putting an employee under PIP will not come under the scope of Gross Misconduct. As such the employer cannot refuse to give maternity benefits on the ground that your performance has been poor. We have judgements in support that maternity benefit should be extended to a woman employee whose contract of employment (term of contract) has expired during the leave period. In Dr. Kavita Yadav v The Secretary, Ministry of Health and Family Welfare Department & Ors, the Supreme Court said that refusal of maternity benefit on the ground that the employee ceased to be an employee on account of expiry of the contract period will be deemed to be dismissal from service so as to deprive of the maternity benefits. Therefore, the employer can put you under PIP but cannot dismiss you from service. If dismissed, you should be given salary equal to 26 weeks and the medical bonus as required under the Act
From India, Kannur
From India, Kannur
Every working women should know their rights sanctioned under various laws to avoid unnecessary harrasment.
The manager under whom you are working is not the authority to inform about your pregnancy,
Your Manager played a dubious role on getting the information about your pregnancy Your manager put you into PIP to play with your career. Now you send the information of your pregnancy and expected DOD to HR with the medical reports in mail keep everyone you think are vital for the case.
Also raised tone against PIP too, if you haven't informed about your performance earlier than your pregnancy information.
According to the Maternity Benefit Act (MB Act) in India, a woman should inform her employer about her pregnancy at least eight weeks before her expected delivery date to claim maternity leave.
Stay cool and calm during this period of pregnancy.
From India, Mumbai
The manager under whom you are working is not the authority to inform about your pregnancy,
Your Manager played a dubious role on getting the information about your pregnancy Your manager put you into PIP to play with your career. Now you send the information of your pregnancy and expected DOD to HR with the medical reports in mail keep everyone you think are vital for the case.
Also raised tone against PIP too, if you haven't informed about your performance earlier than your pregnancy information.
According to the Maternity Benefit Act (MB Act) in India, a woman should inform her employer about her pregnancy at least eight weeks before her expected delivery date to claim maternity leave.
Stay cool and calm during this period of pregnancy.
From India, Mumbai
Every working women should know their rights sanctioned under various laws to avoid unnecessary harrasment.
The manager under whom you are working is not the authority to inform about your pregnancy,
Your Manager played a dubious role on getting the information about your pregnancy Your manager put you into PIP to play with your career. Now you send the information of your pregnancy and expected DOD to HR with the medical reports in mail keep everyone you think are vital for the case.
Also raised tone against PIP too, if you haven't informed about your performance earlier than your pregnancy information.
According to the Maternity Benefit Act (MB Act) in India, a woman should inform her employer about her pregnancy at least eight weeks before her expected delivery date to claim maternity leave.
Stay cool and calm during this period of pregnancy.
From India, Mumbai
The manager under whom you are working is not the authority to inform about your pregnancy,
Your Manager played a dubious role on getting the information about your pregnancy Your manager put you into PIP to play with your career. Now you send the information of your pregnancy and expected DOD to HR with the medical reports in mail keep everyone you think are vital for the case.
Also raised tone against PIP too, if you haven't informed about your performance earlier than your pregnancy information.
According to the Maternity Benefit Act (MB Act) in India, a woman should inform her employer about her pregnancy at least eight weeks before her expected delivery date to claim maternity leave.
Stay cool and calm during this period of pregnancy.
From India, Mumbai
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Directing vs managing-in an organisation..p pt
Transition to a self Directed Team Based Organisation.pd f