Facing Pressure to Resign During Pregnancy: Am I Still Eligible for Maternity Benefits?

Hi All, I have a query regarding maternity benefits. I joined this company in Oct 2010, my probation is over, and I have received my confirmation letter. In Feb, I told my manager about my pregnancy, but after that, his behavior towards me changed. He says that I'm not focused on my work and he wants me to resign. I denied resigning as I mentioned that I'm meeting my KRA's, and this is not the actual reason.

I know that if I resign, I won't be eligible for maternity benefits. Please let me know if he terminates me, would I be eligible for maternity benefits or not? Kindly inform me about what the Maternity Benefit Act says in this case.

Regards, Pragya

Maternity Benefits and Employment Security

Maternity benefits are available only to those who are in service. You should be entitled to the benefits in the form of 84 days of paid leave, provided you have worked for at least 80 days during the 12 months immediately preceding your date or expected date of delivery. However, if the employer loses confidence in you, they can terminate your service. But termination without valid reasons and without giving you an opportunity to prove your efficiency would be invalid. Therefore, wait and see what the next step will be from your employer. If he compels you to resign, you can state that you will not resign but could be terminated for any valid reasons. No employer is likely to proceed with termination because every employer understands the consequences of illegal termination, especially when it involves the termination of a woman, particularly during her pregnancy. There are several avenues apart from the official Labour Department; you have the Women's Commission and other forums meant for the protection of women's rights.

The Attitude of Employers Towards Maternity Leave

It is an interesting phenomenon among Indian entrepreneurs that they all prefer to have women (preferably good-looking, as it is seen as a prerequisite) in their workforce. They believe that women work harder than men, do not take breaks for tea and smoking, do not form or join trade unions, do not demand salary hikes, and, above all, do not question the boss. However, when it comes to maternity leave, they tend to become less accommodating! I wonder why these employers do not consider beforehand that women may become pregnant and may require rest and leave later on?

Regards,
Madhu.T.K

I fully agree with Mr. Madhu. The management has already issued you a confirmation letter recently, which means they are happy with your performance and have confirmed your position. As rightly mentioned by Mr. Madhu, don't submit any resignation letter. If they terminate you, you can approach the labor department and all other related forums. I believe that they won't dare to terminate your services; instead, they may try to pressurize you or create an atmosphere so that you will submit your resignation and leave.

My sincere advice is not to give them any chance to take any action against you and to continue your good work.

Thanks and regards,
Kamesh

Like Madhu TK & Kamesh pointed out, you can take a tough stand. However, while doing so, please ensure you don't lose your sleep or peace of mind over the issue.

Regular Updates to Your Husband

First and foremost, please update your husband regularly on what's happening. This will ensure you can go back home daily to actually recoup after the grueling sessions at the office, which you have already begun to experience.

Document Everything

Secondly, as Kamesh suggested, don't give them a chance to point out any shortcomings or lacunae regarding your performance. One way to handle this part (since one never knows how things can be interpreted later) is to put down EVERYTHING in writing - your daily reports, minutes of meetings, etc. Basically, anything you 'feel' can be misinterpreted or misconstrued later to your disadvantage.

Involve HR Informally

Next, if you have a lady in your HR department (since you haven't mentioned how large your company is), take her into confidence. The idea is not to complain or escalate the matter but to ensure (in a worst-case scenario) you don't give HR a chance to say later, "WHY DIDN'T YOU TELL US EARLIER?" Also, check if HR will intervene on your behalf with your manager.

One option that might open up if you involve HR INFORMALLY is this: if they also find the manager adamant, they might shift you to another group or project where you can work more effectively (of course, this depends on your company size too).

Seek Forum Support

If your experience with HR isn't that encouraging, suggest giving your feedback in this forum - I am sure all of us can find ways to handle them too. After all, it takes a thief to catch a thief :-)

Lastly, as I mentioned at the beginning, this is the time for you not to feel stressed. So the sooner you sort out the issue, the better for you... and the unborn child.

Regards,
TS