Facing Unpaid Leave During Pregnancy at a New IT Job: What Are Our Rights and Options?

Hi All,

We have run into a major problem as far as my wife's career is concerned. She is six months pregnant and last month joined a new big multinational IT company. We made sure to ask the HR by a written email about the maternity aspect and they conveyed to us over the phone that maternity leave can be taken after 80 days of employment. Hence, she went ahead and joined. Now, when she has joined the firm, her manager said that they could not find a suitable job for her as she will have to go on maternity leave after some time. If you are aware of IT companies, they are not putting her on a project and have kept her on the bench.

Now, after this, the manager is forcing her to go on a "2-month leave without pay" and thereafter take "non-paid maternity leave for the next three months" and then re-join the company. In case she resists, they would ask her to leave as she is still in her probation period. All in all, we will have to part with 5 months of her salary.

We are very confused and depressed. Please suggest what should be done. The company we are talking about is the largest IT services company in the world and known for its HR practices, but what is happening here is just ridiculous. Please let me know if there are any government laws protecting women in such situations.

Dear Sir,

The Maternity Benefit Act of 1961 is there to provide remedy. Please ask your spouse to give notice to her employer clearly stating the period during which she will be on maternity leave. This notice should be accompanied by a certificate from a doctor confirming her pregnancy and expected date of delivery, for example, the 25th of [xyz] month.

If possible, request her to submit the notice in Form 1 under section 6 of the Maternity Benefit Act 1961 along with Form 2. She should proceed on leave when the time comes. Her employer is obligated to accept the notice and make payments for Maternity Benefit for 84 days.

The payment rate will be the average of the last three months' pay or gross salary. Payment will be made in two parts: for the first 42 days and for the next 42 days, along with a Medical Bonus of Rs. 1000, provided a certificate of delivery is submitted within 48 hours of proof of delivery.

If she is still unwell at the end of the 84 days, she may give notice under section 9 of the act for an extension of 30 days of maternity leave with full wages/salary. During this extended period, the employer cannot terminate her services, as any such termination would be illegal under the provisions of the act.

To be eligible for maternity benefits, one should have worked a minimum of 80 days in the preceding 12 months, including weekly offs, paid holidays, and public holidays.

I hope this clarifies the process for you.

Hello,

I am not an expert in these matters, but I'm not sure if Avinash's suggestion will be valid or applied in this case since she is still on probation.

As far as the 'HR Practices' point is concerned, there's a hell of a difference between talking and practicing—remember Satyam—they even got the Best Corporate Governance Awards? I can guess which company you are referring to.

Rgds, TS

Hi Avinash, please let me know if there is any act or document stating that 80 days include weekly offs. In my company, the HR is not counting weekly offs in the 80 days, and according to that, I might not be eligible for maternity leave benefits. I urgently need the document to convince her.

Thanks and Regards,
Neha

Dear deadsoul2011,

If you wish to give your advice, it is best to keep quiet. It is not the place for humor. You can visit the HR Humor section and post your funny and irritating replies. No one is going to be bothered. If you cannot reply properly to the subject, it means you should not post any reply here. Your one post should not influence other members to think in the wrong direction and lead others to give incorrect replies, which could hurt the feelings of the aggrieved persons.

I hope you are not working on a charitable basis and work for money only. Let's say your company announces that for the next six months, they cannot pay your salary. Would you still be available to serve the company?

Obviously, everyone is working for money ultimately. That's the final, harsh reality of the discussion. It's not just about money; social status, position held, respect in society, etc., also come into account alongside money.

I can offer you good status and social respect, but without providing you a salary, would you accept the job?

Thank, Think, Think before posting such a reply, Deadsoul2011.

You should have informed HR about pregnancy. If you have already informed them, I'm sure HR will clarify the maternity leave policy before you join.

Even I faced such problems when hiring a newly married lady. Before offering the position, we explained to her our expectations of long-term involvement in the project.

No wonder, after 3 months, she applied for maternity leave, and we had to manage with a contractor.