Navigating Early Pregnancy Leave: Can We Legally Deny Extended Time Off?

Dear All,

I need your advice for the below-mentioned problem. One of my female employees is pregnant (she is in her first month of pregnancy). The doctor has advised her to take bed rest, so she has requested for a 15-20 days leave, which we have allowed. Now, knowing her condition, I am unsure if she will return or not.

If she informs us that she will be on a long leave with Loss of Pay (LOP) and wishes to continue with us, but we cannot afford to grant her a long leave because we do not have any other resources for her work. Therefore, I am seeking suggestions from you all: Can we legally ask a person to discontinue if she requests a long leave?

Thanks a ton in advance.

Do not punish women employees for pregnancy. Almighty will not forgive you for this crime. Business cannot be prospered at the cost of humanity.

Employ some temporary employees in her place until she recovers. You can ask employees to bring someone who wants to take a temporary job to replace the pregnant employee.

Partho

Hi,

I very much agree with Partha. This is something that is not in the hands of that female employee of yours. Probably this being the initial phase of her pregnancy, she is facing some health issues. You can create one temporary position in the company and keep that employee as a backup. In case your pregnant employee comes back to work, it's good for the organization, and there will be someone to share her workload. Moreover, she'll also need a break at the time of delivery for a few months. During that period, this temporary position person can be very helpful as, by that time, he'll be totally trained in the particular skills.

Please don't remove any pregnant employee. Someone who has served the company with full loyalty and sincerity always needs the support of the company in her hard times. :)

Regards, Hrefox

Dear Partha,

Appreciable comment and good view. All the best!

Dear Hrefox,

I understand your post. Whereas, according to the employment law of India, termination on account of pregnancy can lead to imprisonment. In the view of humanity and respect for women, I suggest:

1. Possibility of working from home.
2. Possibility of working on alternate days.
3. Explain the situation and outline the chances of returning to the job.

Maternity lasts about 1.6 years, so plan accordingly.

Regards,
Shiv

Hi Ratna,

Men may come, men may go, but thee is forever! You cannot predict the future. In this case, the female seems to be physically weak, and as you said, it is her first month of her pregnancy, surely she will not be back for the next one year!

Please take it for granted, you are not punishing her by giving termination, but you are going to provide employment for one more resource. This is a very sensitive issue where the company is in a helpless situation. By heart as a human being, we could feel sympathy and one step more - empathy too, but business/work should not stop for a single person.

Ratna, you have two options, one is to try for a temporary replacement and the other is to meet her in person, explain the situation, counsel her, support her mentally and financially, and encourage her to resign. As I said before, the future is unpredictable, you don't know what will happen in the future; who knows, you may recruit her again for the same position!!! The ball is in your court.

Hi Ratna,

I would suggest that you keep the person on the payroll but check if there is any way she can work from home. Additionally, you can hire a project trainee to assist with the department's work or hire someone temporarily.

Dear Mr. Chum,

I too agree with Mr. Chum. We are doing business, and it is not possible to grant such a long leave.

Thank you.

J. S. Malik

Dear Chum, Malik & Ravi,

Why does Human Resource Management exist in the organization? A pink slip is not the final conclusion. Are there any other possibilities for retaining and supporting the employee?

Really looking forward to the reply.........:-D

Regards,
Shiv

Hi,

As far as providing alternate options is concerned, Shiva is correct, and for alternative things, Chum is also correct. I don't agree with Mr. Ravi that emotions don't have a place... instead, these are the emotions which we always transact. For this case, alternate options are fine as long as work does not suffer. It also depends upon the company's outlook. Legally, we should not do anything wrong. Please look at the matter first, see the report and the information why Dr. recommended rest since the beginning of pregnancy. I don't know the structure of your organization, I mean whether work can be shared or not... things are situational and also depend upon the gravity of that lady....

We need to handle compassionately and also make sure that work should not be affected. It's only about legally correct things as well as our approach to the issue.

Regards,

🔹 User input:
I am surprised when people working in HR talk of inhuman actions.

Motherhood is something for which a woman should not be penalized. Any good organization should work on the principle of equal opportunity. When you are thinking of terminating a female employee just because her biological condition is not permitting her to work, don't boast about being a humane organization.

Please explore other options first, and termination should be the last thing on your mind. Provide some work-from-home opportunities, half-day work for half-day salary, or temporary deputation of another employee.

Regards,
YS

Hi there,

Giving almost 15-20 days of leave for a pregnant lady is appreciated.

In case, as you assume, the person might ask for a long leave of LOP before she approaches you:

- Check if the person is dependent on the job.
- Just do a little background verification (that would help you to find out if she is much dependent). Friends, colleagues, and community websites would help.
- If she is dependent, try to find out if she could be given the work-from-home option or find a replacement on a contract basis (at this time of recession, we can certainly find one).
- Request the person to share her knowledge with the replacement for some time so that, in case she is unable to continue, the other person can take over smoothly.
- Ensure the employee feels assured of her job upon return within the committed time, as she might not have shared all the necessary knowledge in case she planned to quit.
- Try to build a good rapport between the new employee and the pregnant employee.
- Have the agreement in writing.

What do you say?

Regards,
Priya

I think you should appoint someone on a contract basis or else go for outsourcing agencies that provide temporary staff.

You can explore other options such as:
- Allowing work from home
- Allowing her to become a part-timer or work for half a day

Dear JMRATNA,

Please inform all the members about the decision that you or the management have made on this issue. This is very important because we often only receive questions and miss out on the decision that has been made.

Regards, Shiv

That's true, Shiv and Priya. Even I feel many times that after a lot of sharing and discussion, we end up not knowing the outcomes. Though sharing will not stop, knowing the outcomes will help a lot in knowledge building. These are all good HR cases.

Regards,
Rahul

Decision shall depend solely on the merits of the case. Sanctioning leave is the prerogative of the management, and if possible, on humanitarian grounds, leave may be considered. Otherwise, report for work. If one does not report, initiate disciplinary action, which may lead to termination of employment.

As per the Maternity Benefit Act, for non-ESI (i.e., Rs.10,000/- gross & above), the company will pay wages for 84 days. In the case of ESI-covered employees, ESIC will extend 84 days of cash benefits.

When an employee is on ESI leave, termination cannot be implicated.

Dear Ratna,

Even though we are not aware of the type of business you have, it is evident that there is a well-established HR department. As an HR representative, your first step should be to personally meet with the concerned associate and try to understand their genuine problems. If possible, consult their doctor as well. Then, make a note of it and discuss with your immediate boss about the realistic possible facilities that you can arrange with the available resources. Always remember that any extra costs may hinder your intention to help. Based on my knowledge, after consulting with their doctor, you can come to a conclusion regarding the necessary actions to take. It is possible that no action will be required on your end as the concerned employee may be quite conscious about their health and family. There is also a chance that this initial complication may resolve on its own.

Thank you.

Hi Ratna,

There will be many implications on the decisions if you are aware of the nature of the job - criticality and functions that the lady is in (if she has completed 80 days of service).

CASE A - If the lady in question is much more crucial to the end process of your value chain, then I advise you not to take any hasty steps to settle her account. I would rather prefer to go with 'Chum's advice but minus 'counsel for resignation'. Give her scope, as there will be many psychological matters associated with the first 'delivery'. Adjust her paid leaves (if any). You can also take the necessary permission and work with your 'System Administration' department to install the access and security features to her home computer terminal/laptop to enable her to work from home.

In the meantime, ask her to speak to her doctor to provide an approximate 'date of delivery'. This will help you manage her key jobs during the maternity schedule and her maternity leave.

CASE B - But if the lady is not that crucial and her absence in the team can be managed by sharing her responsibility with other teammates, then please do it. You can also take the advice as 'Ms. Sonali' had voiced - if you are confused about how to allocate the work in the already optimized work scenario. If you have any existing contracts with any manpower service provider firms, keep her in LOPs if she doesn't have any paid leaves. Counsel her to attend work and provide some alternate work which does not increase her fatigue/work pressure.

Let's, as HR professionals, provide our genuine concern to employees working with us and create an unbiased working environment.

With regards,

Jayesh Yohannan

Hello JM Ratna,

I would suggest referring to The Maternity Benefit Act, 1961. Additionally, I recommend looking at it more from a humanitarian perspective. The employer and the employee could also come to a consensus mutually.

Thank you

Dear Ratna,

A female employee has just taken a one-month maternity leave. It's her right to take 84 days of maternity leave plus an additional one month if any problems arise due to pregnancy. You should grant her the aforementioned leave and make a decision afterward based on the situation at that time. As an HR person, we should support female employees; seeking quick fixes will not be beneficial in the long run. You should personally speak to the employee and inquire about the duration she means by "long leave."

Terminating or pressuring a female employee to resign (during her maternity leave) is not only legally incorrect but also unethical and morally wrong.

Thank you.

Hi Ratna,

I can understand your difficulty. In case there is no long leave that can be considered, you can offer an extra salary package for three months or one month, depending upon the company policies. After the said employee wishes to join back again based on her performance, you can consider her in the same department or some other department.

This could be the only legal solution to your problem. Make a letter in a manner conducive to both parties.

Dear All,

A similar query was also posted by me, but CiteHR has not published the same. I have gone through the Maternity Benefit Act, wherein only a 12-week leave provision is there, apart from that one-month leave on the basis of a certificate from the doctor for illness due to pregnancy. But leave for the early pregnancy stage is not mentioned in the act. I have come to know that maybe a bill towards the same is under consideration for a 9-month maternity leave. Respecting maternity, we in HR should understand the feelings and physical pain of a pregnant woman. Mr. Ravi, I would suggest that you should think broadly on this; this could be a retention factor for lady employees.

Few Points to Overcome the Situation:

- Employee should discuss the Maternity Leave Plan in detail with Boss
- HOD of the function should inform HR about her Maternity Leave Plan well in advance
- HOD should distribute her work among the team or should go for a temp. resource
- Removal for maternity cause is punishable under the Act.
- Work from Home is a good option
- Provide her Laptop with a data card if she is handling quite an important role
- For the early stage, she should be given Leave without Pay if leaves are not there in her account.
- Our moral support will help her to resume fast on her duty.
- If a pregnant woman is there in the office, she should be given due respect and priority in public places, i.e., cafeteria, meeting place, etc.
- Display of an abstract will educate your female employees on the same.
- Apart from Leaves, there is a provision of Medical Bonus of Rs 1000/- which should be given fairly.

Regards,

Shiv

Dear Shiv,

I agree with your statement. Yes, we HR professionals are here to retain and support the employees, but we also have to ensure the smooth running of business processes. Rahul, Priya, and Jayesh have provided good options. I would be really happy if those options materialize. This is an optimistic view, but consider if those options fail and management is unwilling to consider them. Here comes the realistic view, as I have mentioned – be prepared for any outcome.

As I mentioned earlier, the ball is in Ratna's court. It is up to her how she handles the issue. Think in a pessimistic way to understand the potential negative consequences of the issue and act realistically by preparing ourselves to face any situation. This is the optimistic approach to addressing an issue.

What do you think, Shiv? :icon1:

Dear All,

I agree with all your views and comments. Please suggest, if I agree with her to continue as LOP, how many months can I show as LOP in attendance, payroll... The government bodies like PF, ESI, and labor, they expect the situation to be maintained for more than six months as LOP... in reg...

Kindly suggest.

Regards,

A. Satheesh

9840982366

Dear Shiv,

I agree with your statement. Yes, we HR people are here to retain and support the employees, but we also have to ensure the smooth running of business processes. Rahul, Priya, and Jayesh have given good options. I would be really happy if those options come to fruition, and this is an optimistic view. But, think, if those options fail, where management is not ready to consider, there comes the realistic view, and that is what I have told - be prepared for any result.

As I said before, the ball is in the court of Ratna; it is her charm how she takes the issue. Think in a pessimistic way, such that one will get the picture of negative consequences of the issue and act in a realistic way - preparing ourselves to confront any situation. This is the optimistic way to tackle an issue.

What say Shiv? :icon1:

I agree with your view, Chum. However, removing the concerned employee from company roles may impact many other internal customers as well. HR should support the management in standing up for employees when they face such problems. This presents an opportunity for HR to develop and implement a strong retention strategy among employees.

I agree with your point on "Business."

Regards,
Shiv

Dear Shiv,

Yes, I do feel so....we feel personally about all the issues and give suggestions, but we are not really updated on the decisions made.

Dear Ratna,

Do keep us updated so that we may have a different view on how to tackle the problem.

Keep rocking, guys...:icon1:

Dear Shiv,

Yes, rightly said, "HR should make the management stand for employees while undergoing such problems." In addition to this, I would say HR should also be ready to convince and support the concerned employee if things take a negative turn. HR should act as a bridge between management and employees. Let us see what Ratna is going to do. :icon1:

Yes, Chum,

Let us see, and let's make a practice of requesting for the reality.

Regards,
Shiv

Legally, we cannot terminate any female for ailment due to her pregnancy. There are two Acts - ESI and Maternity Benefits Act, and neither allow this.

Some of the mature suggestions mentioned above may be adopted. I do not agree with "Tension lene ka nahin, dene ka." If everyone thinks like this, everyone will end up stressed about someone else.

If a grandson pays the dues of the father, it does not mean that we should keep taking debts. If my grandfather owed, then I will have to pay. We should have a positive view of our lives as well as of others.

Regards,
Shabbir

Hi,

My comments on the issue are as follows:

- As per the Maternity Benefit Act, the Management is under the obligation to provide the leave. Additionally, it is up to the magnanimity of the Management to make a decision based on the case without precedence for the future and after assessing the value of the concerned employee to the organization. However, caution should be exercised to ensure that it is not considered a right in the future.

- Another option is to explore the possibility of allowing the employee to work from home or to offer flexible working hours.

- If the organization permits giving advance leave against future earned leave, this can be done by obtaining an undertaking from the employee. The undertaking should state that in the event of the employee leaving the company before earning the leave, an amount equivalent to the advanced leave will be repaid to the organization by the employee.

Warm regards,
Premson

I agree with what Partha says. A little empathy is what she needs. Is that so difficult? Normally, organizations are known to encourage job rotation only to tide over such situations.

Dear Jmratna,

You are not supposed to tell a person to discontinue legally.

Case 1:
Assess the worth of the employee - if she is truly a valuable asset to your organization, then allow her to take a "Leave Without Pay" and hire another person on a temporary basis.

Case 2:
If she is not considered valuable, then don't get emotional. Instead, ask her directly that the company will not approve a long leave for her. Let her know that after her recovery, if there are any vacancies, she may apply and rejoin.

Regards,
Pankaj Chandan

Dear Ratna,

We all have given our inputs on the topic, but at the end of the day, you have to decide with discretion what is best for the organization.

"Remember, employees make the organization; the organization doesn't manufacture employees."

Last but not least suggestion: Ask the pregnant employee to send you all relevant medical document photocopies in support of her doctor's advice for complete bed rest. If necessary, please allow her to proceed on leave without pay until she plans her maternity leave.

Regards,
Shiv

Hi Chum,

Thanks for the appreciation. I think this forum has a great opportunity, and we - you, Rahul, Priya, Ash, Peer, and not to mention our all other CHR friends, who find guidance through exploring various options & ideas shared through these discussions, will definitely contribute to the changing HR scenario in India.

Also, I will take an opportunity to acknowledge our mentors in the likeness of Mr. Mallik & numerous others (forgive me if I am not mentioning their names here) who have been in this forum guiding many future HR leaders.

It's not necessary that everybody knows everything, but for all other things, we have you & Cite HR!

Regards,
Jayesh

Dear,

The best option is to hire a temporary employee for a period of six months (not on the payroll) and inform the person that it's a temporary job. When our employee returns, if you have any tasks for the temporary employee, you can assign work. In a scenario where your employee does not return within a year, you can consider making the temporary employee permanent.

As a female, I can only suggest this approach because human resources mean understanding humans.

I hope Mr. Ravi understands the point – commenting is easy, but it should be done correctly.

We need to consider the situation and think about a woman's condition to better understand the circumstances. Pregnancy is a gift from God.

A similar situation occurred in our company when we had a new Front Office Executive who was one month pregnant. Initially, we were unaware, and she did not disclose her pregnancy. When she mentioned she was five months pregnant, she planned to work until the eighth month and then take a six-month leave. Our leave policy did not include paid maternity leave, so we accommodated her requests for 10-15 days off. As the reception needed coverage, we hired a new employee, explicitly telling her it was a six-month position. The new receptionist was trained well by the departing employee. Despite the original receptionist not returning to work, we faced no issues because the replacement was competent. When the original receptionist returns, she can join us, and we can assign the temporary employee to another department.

Problem solved.

In the current recession, it is easier to find people for short-term positions as everyone needs money.

Thanks,
Sharmila
Manager HR

Dear All,

Termination in the case of pregnancy is not illegal. When a woman is not in good health during pregnancy, she cannot be forced to work, nor can she be terminated. Here is a proposed solution:

1) Ask her to provide the medical reports from her check-ups.
2) Consult the doctor she is seeing to estimate the time she will need.
3) Inquire if the employee can work from home.
4) Evaluate the necessity of her role; if it is critical, consider hiring a project trainee to fulfill the tasks. If the work is less critical and requires fewer skills, redistribute the workload among other employees.

Implementing these steps will not only save costs for the company but also allow another person to step up and share responsibilities. It is important to remember that we cannot terminate an employee due to maternity leaves.

I hope this clarifies things for everyone.

Remember: We cannot terminate an employee because of their maternity leave.