How Can I Address Unfair Treatment and Verbal Harassment at Work During Pregnancy?

Hi all,

I need your help in clarifying my doubt regarding eligibility and how to avail medical leave during pregnancy. I have gone through the Maternity Act which states: "10. Leave for illness arising out of pregnancy, delivery, premature birth of child, or miscarriage - A woman suffering from illness arising out of pregnancy, delivery, premature birth of child, or miscarriage shall, on production of such proof as may be prescribed, be entitled, in addition to the period of absence allowed to her under section 6, or, as the case may be, under section 9, to leave with wages at the rate of maternity benefit for a maximum period of one month."

I have taken a few days off due to dehydration caused by pregnancy-related side effects and as per the doctor's advice. My company has been unfair to me right from when I informed them about my pregnancy. They have deducted my pay for the leave days I had taken. I want to know how I can address this issue with the management and HR regarding the medical leave. I have not taken more than 2 days of leave at a stretch and will be availing my 12 weeks of maternity leave from mid-February.

Thank you,
Ramya

I am currently seven months pregnant, and my role is Sales Manager, which involves meeting targets. The market has been down, and despite my efforts, I could not achieve my target. Everyone in my company is under sales pressure, and my HR and reporting manager called me for a meeting. They asked me to commit to a figure that I would be able to achieve this month and, in case I do not meet it, suggest a course of action. They are almost pressuring me to resign by asking me to make the decision. I do not want to quit as I would lose my maternity benefits and medical insurance. Please suggest the best way to handle this situation. I need to work for another 45 days before I can go on leave.

I have been verbally harassed by my reporting manager regarding my pregnancy. I lodged a complaint with the harassment committee, but they informed me that my reporting manager denied making any such comments. How does one prove verbal harassment when you do not carry a voice recorder?

I have been employed for the past year and am not covered under ESI as my pay scale is higher.

Thank you.

Ramya

As per the provisions of The Maternity Benefit Act, 1961, your claim for paid leave is valid. You can claim the salary for the said period.

Regards,
Prabhakar Srivastava
Sr. Executive HR
Ruby Hospital, Pune

"I need your help in clarifying my doubt regarding eligibility and how to avail medical leave during pregnancy. I have gone through the Maternity Act which says:
10. Leave for illness arising out of pregnancy, delivery, premature birth of a child, or miscarriage - A woman suffering from illness arising out of pregnancy, delivery, premature birth of a child, or miscarriage shall, on production of such proof as may be prescribed, be entitled, in addition to the period of absence allowed to her under section 6, or, as the case may be, under section 9, to leave with wages at the rate of maternity benefit for a maximum period of one month.
I have taken a few days off due to dehydration caused by pregnancy-related side effects and as per the doctor's advice. My company has been unfair to me right from when I informed about my pregnancy. They have deducted loss of pay for the leave days I had taken. I want to know how I can fight my case with the management and HR regarding the medical leave. I have not taken more than 2 days leave at a stretch and will be availing my 12 weeks maternity leave from the middle of February.

Thanks,
Ramya"

Dear, you are entitled to maternity leave as per the Maternity Benefit Act for 12 weeks. You will be paid full salary during this period, but you should have a minimum of 80 days of working in the last one year. Your leave can be further extended for one month if there was some problem, cesarean section, or any other issue occurred due to this pregnancy. You should not be a member of ESI; then this benefit is given; otherwise, ESI will pay for all these benefits.

Thanks,
J. S. Malik