Maternity Leave During Probation - Loss Of Pay

I need some advice on the following matter. My sister is employed with a cooperative bank as a Trainee Officer and is on probation. During her joining, she was in the early stages of pregnancy (less than 2 months) and did not inform her employers as it was too early. Now she has applied for a transfer to a branch close to her house because of the advanced stage of pregnancy. Her HR department now says that if she had declared her pregnancy at joining, she would have been asked to join after the delivery.

I want to know if the bank can ask her to resign or would they consider giving her a leave with loss of pay if required. In case she is asked to resign, is there any law that can prevent this from happening. Please help me with this.

Regards,
Samita

I believe your sister is supposed to inform the management. Normally, they won't ask for resignation. A minimum of 6 months gap is required for eligibility. They may allow her to go on Loss of Pay leave, but not bringing the information to the management's notice is wrong.

Thanks and regards,
Kameswarao

I don't understand why people behave like this. If your sister is pregnant, why did she decide to join the job? She should not have taken up any job because she is aware that her pregnancy will likely create challenges for both herself and her employer in the future. Why do people act in this manner?

I suggest asking your sister to resign immediately as it is her mistake.

And I don't think any intelligent member would appreciate what your sister has done. So, I think the full and final decision is to ask your sister to resign or take LOP if the Bank agrees, or ask her to resign and rejoin if the Bank agrees to take her after delivery. But a mistake is a mistake.

Hi Samita,

Maybe it was too early for your sister to confirm. I understand that. As mentioned by Mr. Kamesrao, loss of pay is a possibility. Your sister could also mention to HR that it was a bit early to confirm.

Thanks!

Embarrassment to HR Department...

Harassment to Employer...

A minimum of 160 days of work is required to be eligible for maternity benefits. It is not advisable to expect benefits within the probation period.

Rashid

Dear,

There is nothing like suppression of pregnancy. If they ask a question and she said "NO," then it is suppression. Under the Maternity Benefit Act, if the qualifying period is met, then she is entitled.

Email: rajanassociateslawfirm@gmail.com
Office: 044-42620864, 044-55874684

Well, she was not asked at that time whether she was pregnant. Anyway, the bank has been very understanding and has given her leave. She can join after the delivery.

Thank you all for your valuable inputs. Much appreciated.

Regards,
Samita

You mean to say she should have been asked, "Are you pregnant or not?" Too funny thinking, eh.

Dear Friends,

Our friends are raising their queries where they are unable to decide, come to a conclusion, or seek support. In this context, let us not be harsh; let us give them the true picture so that they can decide. In critical situations, people seek support and a helping hand. Hence, I request all our learned friends to be very soft and kind. These words are not meant to hurt anybody, but this is the reality.

Thanks and regards,
Kameswarao

Dear,

I totally agree with Mr. Rajan's response to you according to the law. However, she can go on unpaid leave, and the probation period will be extended accordingly.

Jai Bakshi

Don't worry, yaar. Women do work while pregnant, and they can have conversations with management to discuss taking advantage of maternity benefits, including paid leave.

Hi everybody,

It is not compulsory to inform the employer about the pregnancy. Any employee can avail of loss of pay leave after joining for two or three months. Please inform your sister that there is no need to resign; she can avail of unpaid leave or can take maternity leave as per the law.

Thank you & regards,
Sabera Luqman

Dear Namita,

The working period for any establishment should be a minimum of 80 days. If she completed 80 days from her joining, then she can claim maternity leave. But in your case, she is continuing to work with this organization, so she can claim leaves.

However, in the case of a transfer, she can't claim this benefit. As an employee, she can choose to resign and receive maternity benefits from the current organization. She should complete 80 days of eligibility to be able to make claims, etc.

For more information, visit www.globaloverseas.in and write to me at info@globaloverseas.in.

Best Regards,
Sajid Ansari
9958404503, 011-22450753

However, silly though it might seem, whenever married women apply for jobs, I think it is prudent to ask them about how they plan their career progression. This works well for both the employer and candidates. I don't think anybody has been refused a job based on pregnancy, so why not ask? This actually avoids a lot of legal hassles if things go wrong. Why do you think companies conduct medical tests for their employees? Definitely not to check if they are diabetic. Though this seems trivial, I personally feel it is okay to ask.

Regards

Hi Samita,

As per the Maternity Act, maternity leave is applicable to the employee if she has been present in the organization for at least 80 days. Therefore, she should not resign but request maternity leave. As an HR person, you should have inquired about any family planning. Asking frank questions is necessary because even if she was not pregnant when she joined and became pregnant soon after, HR's role is crucial. HR must address this issue.

I believe it is quite natural to wait until at least 2 months of pregnancy before making any declarations, as anything can happen.

Regards,
Geeta

Dear Admin,

I would like to bring to your attention that the way in which many members are responding to queries is not at all appreciated, and the CITEHR ADMIN should keep track of such members. This is a place for free discussions, and no one has the right to use offensive or sarcastic language. It has been mentioned in the rules of this site as well. Therefore, I hope necessary action will be taken.

Regards,
Swati

Hi Samita,

As per Maternity Act,
Female Employees are eligible to take maternity leave on completion of a minimum of 80 days of service in the Company, as defined in The Maternity Benefit Act, 1961.

Also there are some additions to it which are as below.
·Entitlement of maternity leave is for 12 weeks, starting from up to 6 weeks prior to the expected date of delivery and 6 weeks (including the day of delivery) following the delivery day. Weekly off days and holidays falling in between would also be counted as leave. It is to be noted that maximum leave allowed pre-delivery is 6 weeks and the balance leave of the total of 12 weeks is to be availed post-delivery.
·The employee may, in addition to above, avail leave for a maximum period of 1 month in case of illness arising out of pregnancy, delivery, premature birth of child or medical termination of pregnancy, on production of such proof as may be prescribed by the Company.
·In case of miscarriage, maximum 6 weeks’ of leave can be taken following the day of miscarriage.

Regards
Smarika

Hello Everybody,

Warm Greetings,

I believe that hiding pregnancy by employees and the employer not providing maternity leave to his employees is creating a significant problem. These actions may result in disbelief. It is possible that employers may stop hiring newly married females, or females may restrict themselves from planning their family. In short, this practice is very unethical and does not send a good message. So, viewers, please stop practicing unethically. Be honest with yourself as well as with others.

Rashi Shivhare
'RUSTY'

Dear Samita,

Your sister is eligible for maternity leave as per the act if she has completed 80 days of continuous service in that organization, whether on probation, as a contract employee, or as a casual employee. She is entitled to benefits under the Maternity Benefit Act. She does not need to inform the organization whether she is pregnant at the time of joining as there is no such provision in our law.

Thanks and Regards,
Skantha

I am surprised to see such a reaction from an HR person (supposedly) at the start of the discussion. The forum is created to discuss and help out members on issues. Please refrain from using such harsh and unnecessary answers if you do not know the laws and practices in the country.

PS: One needs only the concern to help; please learn it before replying.

Conditions for eligibility of benefits

Women indulging temporarily or unmarried are eligible for maternity benefits when she is expecting a child and has worked for her employer for at least 80 days in the 12 months immediately preceding the date of her expected delivery [Sec. 5 Maternity Benefit Act].

Dear Smita,

Your sister is eligible to see the act hereunder; no one can force her to resign.

Conditions for eligibility of benefits

Women indulging temporarily or unmarried are eligible for maternity benefits when she is expecting a child and has worked for her employer for at least 80 days in the 12 months immediately preceding the date of her expected delivery (Sec. 5).

Hiren

Hi Samita,

I wanted to know the name of the bank in which your sister was employed. One of my relatives is also in a similar situation. Can you please reply to me at my email address, i.e., himanshu.t0@gmail.com.

Thanks & Regards,
Himanshu

I agree that the bank's HR should have asked her at the time of joining. As an HR professional, I know these are frequently asked questions in interviews. If the female candidate is unmarried, then what are her plans for getting married? If she is married, then what is her plan for having a baby? We can't say she lied or had any intention of deceiving the organization. Because, boss, it's a job for which we get a salary, and no one would deny taking it.

HR cannot probe into personal matters like this, such as whether you are planning to have a baby, etc. A female employee may join and get married, etc., as that is a part of life. If the person has worked for the minimum qualifying service, then she is entitled to maternity benefits.