Pregnant and Facing Job Pressure: Can They Really Make Me Resign During Downsizing?

Hi, I have a query. I am pregnant (7th month running) and working. My boss has resigned, and a few days back, he called me and told me that the company is downsizing and it's better if you put down your papers on health grounds. Then my new boss called me saying that your old boss must have had a word about this with you, so when can you resign?

I am really confused now about what I should do because I know if I am terminated for any reason, it's going to mentally affect me.

Every day is tense when I come to the office. I will be finishing three years of service in this organization in Nov '09.

I am working at a managerial level, although my designation is fabricated as there is no one who reports to me; I only report to my boss and other senior colleagues.

My query is: Can they tell me to resign? If yes, am I entitled to maternity leave and maternity expenses? What will be the best course of action: to resign or wait for them to fire me and then approach court, or negotiate in another 10-15 days (3 months' salary + maternity benefits)?

In which court do I have to file a case? Labour court or industrial court?

Your quick response on this matter will be highly appreciated as I am in a lot of tension. Thanks a lot in anticipation.

Hi,

I think you should not put in your papers; instead, you can wait and let them terminate you. This way, they will have to provide you with Maternity benefits along with Notice pay (under the Maternity Benefit Act). It would be better for you to familiarize yourself with the Maternity Benefit Act as it will give you a lot of information about the benefits you are entitled to.

Hi Dear,

My suggestion to you is not to resign from the company now. Please understand that your bosses are also employees of the same organization but with higher responsibilities. Since the company has not officially asked you to resign, and you have definitely provided a justified level of performance, that is why you are still continuing for such a long time.

Every organization has its own maternity leave process for confirmed married female employees. It must be 60-90 days within your entire service life with the organization. Send an email to your HR department for the leave and follow the necessary steps according to your organization's HR policy.

Ask your boss to send an official email to your office email address through HR for your resignation with a proper reason. They may not agree to do so as it is completely void.

If you resign now, you will not be eligible for any kind of maternity leave thereafter.

With Warm Regards,
Angana.

Dear, no one can ask for your resignation. Let them terminate you. Your termination would be illegal. I suggest you take a medical certificate and inform the management about your pregnancy. Please do not stress.

Hi, I have a query. I am pregnant (7th month running) and working. My boss has resigned, and a few days back, he called me and mentioned that the company is downsizing, suggesting it would be better if I resign on health grounds. Then, my new boss contacted me, stating that my old boss may have discussed this with me, and asked when I can resign.

I am really confused now. What should I do? I know that if I am terminated for any reason, it will have a negative impact on me mentally. Every day is tense when I come to the office. I will complete three years of service in this organization in Nov'09. I work at a managerial level, even though my designation is fabricated as I do not have anyone reporting to me; I only report to my boss and other senior colleagues.

My queries are: Can they ask me to resign? If yes, am I entitled to maternity leave and expenses? What would be the best course of action? Should I resign or wait for them to terminate me, and then approach the court? Or negotiate in another 10-15 days for 3 months' salary and maternity benefits?

In which court should I file a case? Labour court or industrial court? Your quick response to this matter will be highly appreciated as I am under a lot of tension. Thank you in anticipation.

Hi, talking very practically, be ready to digest the scenario which you predict is quite true.

The pregnancy leave you can take 6 weeks before and 6 weeks after. Furthermore, it depends on the company how flexible they are, but by law, they are supposed to give you 80 days. I am attaching the Maternity Act 1961.

The company will always see you as a liability as 80 days without work and pay will always be in their sight. I request you to stick to your job until they ask you to leave. You can, of course, ask for your maternity expenses amount, but that too depends upon the company's internal policy. Please note that they are under no obligation to give you the amount.

I further request you not to go to court or file a legal case. You can, of course, threaten them, but the cost of going to court will be more than your delivery amount.

Rest is up to you. Thanks.

Hi,

I agree with Pramod; it's better to strive for an amicable deal with your company rather than going to court. It can be a headache. I suggest asking them to settle with you for 3 months' pay and maternity benefits. Until they agree, do not budge, and make sure to keep a record of your official agreements in valid forms. This documentation can serve as legal proof for you. Your case is stronger because you are a permanent employee and have completed more than 180 days. Please stay strong and be patient.

Regards,
Jessie J

Dear JJP,

You have received many views from different members of this forum. However, please do not ignore that at this stage, you cannot afford to have a collision course with anyone. The health of the baby is far more important.

These are the times when you are supposed to be happy. Take your life the way it comes. Your mental tension may affect the growth of the baby. I may sound like someone akin to a "dadaji" (grandfather), but please do not ignore this aspect as well.

Ok...

Dinesh V Divekar

Layoff on the grounds of pregnancy is unheard of. Any woman who has worked for 80 days is eligible for maternity benefits under the law. Asking you to resign in your advanced stage of pregnancy amounts to harassment, as it may affect the health of the unborn baby as well as your own. This is the time to stand up and say you will not resign and continue to work. Nobody can stop you. At the same time, do not overlook your health. You can represent your case in writing to the head of the organization and seek his intervention to sort out the issue (even though the CEO may know your plight).

Good luck,
HC. Subbaramu, Bangalore

Dear,

Don't be confused. In case you are terminated, please take legal advice and file a petition under the Maternity Act before the competent authority. Also, file a complaint before the National Women's Commission and Human Rights Commission. Your employers will have enough trouble, and they will come searching for a compromise with you.

With Regards,

E-mail: vsrlaw@gmail.com
Off: 044-42620864, 044-55874684

Hi,

Please don't be stressed. If your boss is not interested in your service, it's better to quit. However, you should collect all your pending payments (notice pay/layoff compensation, leave salary, PF, etc.). Then take some rest, read good books, enjoy a vacation, and make all the necessary preparations for the 'newcomer' to your family. Once your baby gets acquainted with the new environment, you can look for a babysitter and find another job.

Good luck

Hi,

Don't let them lay you off. Most of the MNC companies have norms to deal with these kinds of issues. If they still try to do it forcibly, then you will have to take legal action. However, I would suggest giving resignation and trying to sort out the matter peacefully.

Bali

Hi,

1. A pregnant woman cannot be terminated from her services.
2. Laying off is a lengthy procedure for the employer. They must provide valid reasons to the competent government authority and obtain permission to lay you off, which is difficult for your employer in this case. Employees can only be laid off in cases where the industry or organization is experiencing problems such as fire, shortage of power, floods, or other natural calamities.
3. You should submit an application along with a medical certificate to inform that you are pregnant and request maternity benefits.
4. Be assertive at this point and do not allow the employer to make the mistake of terminating your services.
5. You can negotiate with your employer to receive three months' pay, leave wages for the maternity period, workmen's compensation equivalent to 15 days' wages for each year of service with the employer, bonuses, and other entitlements.
6. If you face harassment from the employer and hold a managerial position, you cannot seek refuge with the labor department under the Industrial Dispute Act. Instead, you must challenge the employer in a civil court, which may result in a lengthy legal process. However, the judgment is likely to be in your favor.
7. Approach this situation as a challenge in your life. Do not compromise your health for this reason. Stay calm, continue your services as usual, and manage any stress.

Remember, if your employer terminates your services, the law is on your side.

Mohan Rao
Manager HR

Hello, we are in civilized society, fortunately. Women (pregnant or not) or men cannot be thrown away just like that. Immediate steps:

- Send a letter to the employer either by yourself or an advocate.
- They have to terminate the services.
- Don't give your resignation.
- Please don't take it too much to heart since you are carrying.
- Wish you the best of luck.

Nagaraj

Dear JJP,

I think Mr. Dinesh V Divekar's suggestion is correct. First, you should prioritize your health and your baby, and then everything else. Anyway, if they terminate you, they are obligated to pay for the notice period and maternity benefits as well.

Hi, I have some queries regarding the benefits. The management of my company has decided to lay off employees starting next month, i.e., December 2010. The company has given a one-month notice to all its employees. I am currently six months pregnant. So, will I be eligible for maternity benefits in this situation? Kindly advise me on what to do.