Can My Boss Ask Me to Resign Because I'm Pregnant? Seeking Legal Advice and Support

Dear All,

I have been working for a bank for more than a year. Last week, my boss asked me to resign because he couldn't assign me a responsibility due to my pregnancy.

Can I be asked to resign because of pregnancy? If not, what is the legal recourse?

Thanks,
RP

Dear Richa,

It is illegal to terminate an employee or forcefully make the employee resign solely on the grounds of pregnancy.

Dear Friend,

The immediate legal recourse is the Labour Court. Your boss will be in big trouble if he meant what you think. I suggest you issue him a legal notice to give him a chance to clarify his stand.

Regards

Sir,

Thank you for the prompt response. I have discussed the matter with HR and asked them to assign me some responsibility, if not in my current department, then in any other department. I have also refused to resign.

Now, in case they issue me a termination letter, they are not going to mention pregnancy as my reason for termination. In that case, I can file a case against my boss or the organization.

Thanks,
Richa

Dear Friend,

The proper and necessary parties to the case will be both your company and your boss. It's true that they will not mention the reason for pregnancy, but they are required to follow the due procedure before terminating you.

Regards

Dear Sir,

They have asked me to resign, and in turn, as per my offer letter, they are ready to pay me for 3 months' salary in lieu of the notice period. That would mean I would be deprived of all the maternity benefits as per the Maternity Benefit Act.

Regards,
RP

Dear Richa,

If they have already issued a termination letter, then you should proceed to the Labour Court with all the necessary documents, including your pregnancy report. Consult with a good lawyer regarding this issue and file a case against the organization. Remember, the organization cannot deceive you. As a permanent employee, you have the right to enjoy maternity benefits.

Saikat

Dear Richa,

Please do not resign from your job or agree to pay three months' salary. It is not possible to terminate you while you are pregnant. Kindly confirm if they have stated that your pregnancy is the reason for your termination. According to the law, the management is required to offer you an alternative position if your current role is affecting your pregnancy.

I recommend seeking assistance from the Labour Court. You can seek justice and access the maternity benefits you are entitled to.

WORST BOSS AND WORST MANAGEMENT

MANOKAVIN

Dear Richa,

First, you should ask your boss to provide you with a written statement indicating that the reason for your resignation is due to your pregnancy. Do not rely on verbal communication.

According to the Maternity Benefit Act of 1961, a woman is eligible to claim benefits under subsection (1) of section 5 from her employer only if she has worked in the establishment for at least 80 days. Furthermore, she must have worked for not less than 80 days in the 12 months immediately preceding the expected date of delivery.

A woman can notify her employer of her pregnancy in compliance with Section 6. However, if she fails to give notice as outlined in Section 6, she can request her employer under subsection 3 of section 4. Upon such a request made by the pregnant employee under Section 4(3), the employer must not assign her tasks:

a) that involve long periods of standing
b) of an arduous nature
c) likely to interfere with her pregnancy or the normal development of the fetus
d) likely to cause a miscarriage
e) that could otherwise adversely affect her health.

Therefore, you need not worry. If your employer insists on a written resignation, you have the option to approach the labor court and file a case against your employer, as stated in Section 12(1) which prohibits any employer from dismissing or terminating a pregnant employee during her pregnancy.

Thank you,

Rashmi Pandey

Dear Richa,

It is sad that a boss tells a lady to resign just because she is pregnant. It is illegal. You are, in fact, entitled to confinement leave. You can approach his seniors for redressal.

Munshi

Dear Richa,

You can pre-empt by writing to your employer about the oral discussion they had with you regarding your pregnancy and narrate all that has happened. By doing so, they may drop their intentions. Many illegal ideas are well-conceived but cannot be implemented, as an illegal decision will have one owner, and others will be implementing it half-heartedly. The law, human rights, and dignity are on your side. Don't be afraid.

With Regards,
V. Sounder Rajan

Email: rajanassociates@eth.net

Dear Richa,

What Rashmi Pandey said is the framework. Now, you issue a letter to your bank stating that you will be absent for ..months with a doctor's certificate and require leave on the due date.

Have all the dialogue in a pleasant manner. If the issue persists, promptly contact your jurisdictional Asst. Labour Commissioner (Central) as banks are under the Central Labour Department. With his intervention, things will be resolved. Your management needs to take corrective actions.

Thank you,
Ram K Navaratna
HR Resonance

Dear Richa,

You can go to the Labour Court and now don't have any soft corner for your employer as he too is not caring for you at this crucial time. Moreover, the following may be noted, and also see the attachment (I got it from CITE HR only) for your information:

"A woman shall be entitled to maternity benefit only if she has actually worked in an establishment of the employer for a period of not less than eighty days in the twelve months immediately preceding the date of her expected delivery (section-5[2])."

Regards,
Vipin

Dear Richa

The all the legal options which you have are must be used by you. But the main thing is to remind that when such employer and such bosses are around you, who are having such thinking, u should not work in such atmosphere. You know today's economic liquidity crunches are forced to the managements to cut down the costs and overheads, but it must not through such cheap and idiotic methods.
Meanwhile i will not say just run away. You can continue your services just after your one notice, as recommended by someone above. And immediate give your written information about ur pregnancy and apply ur leaves. Please enjoy your maternity benefits like long leave and expenses reimbursements. Than after you may put another case of mental harassment during pregnancy by the employer, to show force for resignation. The details u can discuss with ur lawyer.

Because u know if u will continue your job with such organization, they will definite disturb you in ur working. But you should realize them by not let them off for this cheap act, by building strong legal cases.

Regards
Gaurav

Thanks Gaurav for your advise. I am not giving up anyways . Have escalated the matter to the top management in writing. I hope they would take a fair decision.
Thanks
Richa

Gaurav has taken a practical stand on the issue. He is right also. I do support him, although legally, an employer is not supposed to ask for the resignation of an employee on the grounds of her pregnancy. Even if you do not resign, the employer is not going to terminate you, but if the circumstances force the Manager, he may fabricate some materials against you, initiate a disciplinary action, and terminate the service. It will take a long period to settle all these issues if you refer the matter for adjudication.

Many have advised filing a petition before the Labour Court. Before such an initiative, please ensure whether or not an employee of the bank will come under the definition of a workman under the provisions of the Industrial Disputes Act. Section 2(s)(iv) gives a salary ceiling for the treatment of an employee as a workman.

Regards, Madhu.T.K

If a female employee is under a probation period and is in the early stage of pregnancy but has not informed HR regarding her pregnancy, can the employer ask her to resign?