Facing Job Loss Due to Pregnancy: How Should We Handle This Unfair Situation?

Hi, my wife was working in a software company for the last 4.5 years. After spending so many years at one place, she decided to change jobs. She finally received an offer from a reputed Indian MNC, and they agreed upon a joining date of 25th July. However, on the same day, my wife and I found out that she is pregnant. We immediately contacted a doctor, and she suggested that my wife should take at least 4 weeks of bed rest for the proper development of the pregnancy and for the well-being of the mother-to-be.

When my wife informed the Recruitment Management Group (RMG) and HR of the new company about the situation, they responded very rudely. They directly questioned how she could conceive and are now asking her to resign. Additionally, they refused to create an employee ID for her. My wife is very saddened by this turn of events, and I cannot bear to see her this way. Please advise on the available options for her.

It is truly a matter of concern either way. I have been working as an HR professional for 7 years, and I have witnessed a few such cases. However, I would request you to sit down with your wife and discuss what needs to be done next rather than getting disheartened. Forget about what went wrong with the management.

As an employer/HR, it becomes really difficult to provide leave to an employee before the start of his/her employment.

Maternity Benefit Act, 1961

Also, as per the Maternity Benefit Act, 1961:

1. No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery or her miscarriage.

2. No woman shall work in any establishment during the six weeks immediately following the day of her delivery or her miscarriage.

3. Without prejudice to the provisions of section 6, no pregnant woman shall, on a request being made by her in this behalf, be required by her employer to do during the period specified in subsection (4) any work which is of an arduous nature or which involves long hours of standing or which in any way is likely to interfere with her pregnancy or the normal development of the fetus, or is likely to cause her miscarriage or otherwise adversely affect her health.

Regards,

Have you considered going back to the old company? It could be tough but not impossible either, especially since they know her and her work.

All the best.

Regards,
TS

Maternity Benefit Act and Employment Concerns

You forgot a very important section. The Maternity Benefit Act applies when you have worked for at least 80 days (it was 120 earlier) as far as I can remember. So, in this case, as she is yet to join, it does not apply. Further, do you expect the HR manager of a company you have not worked for to be happy to have his schedule and manpower plan upset? Or be willing to have additional costs (salary during maternity leave) saddled on him for no reason or benefit? While rudeness in this case is not justified, his actions are justified. Either you resign, or they will terminate you for not joining on the specified date. In either case, I suspect they will blacklist you. I am not aware if your wife met the HR personally to appraise him or spoke on the phone. If it's the latter, then you have made a tactical error. Face-to-face discussion gives better results. She should have apologized for not joining and requested to allow her to reapply for the post after delivery.

"It is truly a matter of concern either way. I have been working as an HR professional for 7 years and I did witness a few such cases. However, I would request you to sit back with your wife and discuss what needs to be done next rather than getting disheartened. Forget about what went wrong with the management. As an employer/HR, it becomes really difficult to provide leave to an employee before the start of his/her employment. Also, as per the Maternity Benefit Act, 1961:

(1) No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery or her miscarriage.

(2) No woman shall work in any establishment during the six weeks immediately following the day of her delivery or her miscarriage.

(3) Without prejudice to the provisions of section 6, no pregnant woman shall, on a request being made by her in this behalf, be required by her employer to do any work during the period specified in subsection (4) which is of an arduous nature or which involves long hours of standing or which in any way is likely to interfere with her pregnancy or the normal development of the fetus, or is likely to cause her miscarriage or otherwise adversely affect her health."

Hello, rk5944. Saswata Banerjee is correct. She should have completed at least 80 days in the new organization to be eligible for maternity benefits. I believe she now has four years of experience or more. It would be better to advise her to rest at home, and after delivery, she can consider joining the new organization. Now, you need to decide whom to prioritize - money or your child?

- Is this job final for you?
- Does this job provide for your daily bread?
- Is this job more important to you than becoming a mother?
- Have those people (RMG & HR) and their jobs become more important to you than yourself?
- Can she get a job elsewhere?
- What is the purpose of arranging a meeting?
- Are you willing to compromise yourself for the job?

Please remember, any psychological change will have its own impact on the kid, whether positive or negative. ALMIGHTY has blessed you with a wonderful gift. Please take care of that. Prioritize your requirements. There are many in this world without kids; you have been blessed. Let the job be available, not you for the job. If they require you, let them come back to you.

Thank you, everyone, for your valuable advice and suggestions. Of course, family is more important to us than a job. But one thing is true: there are always a lot of challenges in front of girls and women. She is the one who always adjusts and compromises on almost everything from childhood to marriage to a job and so on... But no worries, I am with my wife. I will support her at every step.

Handling Employment Issues During Pregnancy

It's a good case study for every HR professional. In my career of 29 years, I have seen similar cases directly and indirectly.

• When such situations arise, the first step is to talk to your immediate boss.

• If the boss is positive, it's okay. Both of you should then meet with HR to discuss and explain the situation. Even if you have not yet joined, the main interviewer is the concerned section head because they have to prepare the manpower planning.

It's not a big issue if the management has obliged; the situation may definitely be helpful at this juncture if your experience is similar to the management. HR is caught in the middle of the situation. HR alone cannot make the decision; they should also contact the Unit Head to make the decision.

In general, what Mr. Peer Mohamed Sardar Ji is saying is correct and objective.

Regards,
PBS KUMAR

Hi, the same situation I used to face two to three times in my company. But in our case, the employee reveals after one to two months of joining. So, we introduced pre-employee health checks. If your wife has not even joined, then it's difficult to take any step as the offer letter usually contains a clause mentioning that the employee should join on or before a certain date; otherwise, it will expire. Kindly check it out.

For eligibility for maternity leave, if the employee has worked for 80 days or more in the company, she can take maternity leave.

Regards,
Bem

Peer Sir's suggestion is invaluable. Don't compromise on family ever for anything. Congratulations and all the very best on this new journey 

@ Deadsoul: That was really rash. Never did he say that he needs money; he was disappointed because his wife was upset about the way HR treated her.

Mr. Banerjee is very correct regarding the applicability of the Maternity Benefit Act, 1961. Mr. Peer is also correct regarding psychological changes. Remember, all you need to do is keep your companion happy forever. Any psychological changes can have an adverse effect on your wife and child. Think twice before taking any action.

Cheers!

Abhishek Roy Chowdhury

Dear RK, Mr. Peer and Mr. Banerjee's suggestions are the most appropriate. You and your wife should focus on the new life ahead and look at the positive side and the effect it has on your expected addition. Jobs will come and go. A child and the associated joy are for life. Enjoy it.

All the best.

It seems that everyone is guiding on the matter and trying to convince the concerned to choose what is more important, the child or the job. We are forgetting the fact that every female has an equal right to a job and has the enactments for maternity in place.

The concerned HR Manager simply cannot refuse the job or, in fact, any facility to rk5944's wife on the pretext of her being pregnant. It is against ethics, values, and also against the law of the land.

I will advise the concerned HR Manager to be reasonable, and if required, the lady should first approach and write to the CEO/CMD of the new company and also approach the National Commission for Women if the situation warrants. Don't keep silent and raise your voice against the discrimination. If required, put your case to the media also if you can approach. I'm sure these employers will do a U-turn.

God bless you.

I think your wife is very lucky. Otherwise, she might suffer a lot even if they accepted her to continue working these days. These days are very important for women. No need to think of a job; she can find something better than this. First of all, you have to give moral support to her. The thoughts and deeds of a woman while carrying will affect the baby. I think your baby is more important to you than a job. Think twice, but don't think too much. Give a peaceful life to your baby in the womb. Taking the right decision is up to you. Rationalize and take the right step.

Each company follows certain normal policies; these kinds of policies also exist to support her in this issue. You can approach the CEO or the responding delegates of that company. Peers have suggested very well.

It's just a matter of coincidence that your wife started her journey of motherhood at the same time she was on the verge of starting a new chapter in her career. Under the circumstances, prioritize family over the job. Consider this time as a heaven-sent opportunity to take good care of your wife during her pregnancy. Jobs will be plentiful later when your wife is ready for it.

Best Wishes,
Vasant Nair

I think we should be careful when we make such suggestions as it can cause more problems. Please tell me what difference will writing to the CEO or NCW make? Do you think the NCW will force a company to give a job to a person who is not going to be able to work for the first 4 months and then take leave for another 3 months soon thereafter? Which business will be willing to take on such a cost? Will you?

It's a small community after all. The news of her approaching NCW for enforcing a job will not stay a secret, and it's very much possible that she will be blacklisted and denied jobs by large software companies in the future.

We have equal opportunity regulations, but that is for equality of pay and nondiscrimination in recruitment. It does not mean you have to give a job to a woman not fit to take/do it. There is no automatic right to a job. This is not a communist country. You will get a job if it fits you and if the company wants you. In this case, they don't want you.

As one of our colleagues here said, do you expect the company to pay you a full salary for half work and then have someone else take up the balance of your work since it needs to be done? Do you expect someone else to suffer so that you can do half a job?

The purpose of the Original Post (which I missed and someone pointed out) was that he wanted a remedy for his wife being upset with HR's rudeness and words. And perhaps a missed opportunity of working with an organization you have been trying hard to get into. I don't think he wanted the money or to get into the job immediately.

If you were asking her to write to the CEO to put forward that his HR people were unnecessarily rude and insulting, it would be a different matter. But to call about enforcing a job is a different matter :-)

Regards

Clarifying Priorities and Seeking Suggestions

Saswatabanerjee is right in pointing out the importance of prioritizing your concerns. What exactly is making your wife (and consequently you) sad? There are at least four perspectives to consider regarding the wording you used in your initial post: [.........very sad after this instance. I can't see her sad.....]:

1. That a good MNC job just slipped out of her hands and she regrets that the pregnancy has come at the wrong time?
2. That the HR behaved rudely with her in doing what they did?
3. That the HR's action was illegal?
4. That she has lost a good earning for many months due to this situation?

Unless you clarify, you are leaving the field wide open for everyone to make their assumptions and give suggestions—some of which may be far from your actual reasons. In fact, many have already made a couple of common assumptions and given their views. Even if none of the views accurately portray your actual causes and hurt your feelings, please do not blame them.

I suggest clarifying the causes from your end so that the right suggestions can come from the members.

Regards,
TS

Dear concerned,

To the best of my information, knowledge, and belief, the Government of India also does not allow a female candidate to join her duties on appointment if she is found to be pregnant at the time of the initial medical examination. Each candidate has to undergo a medical examination before joining. It is compulsory for all, men and women. Maternity and paternity leave are granted during the service period and not at the time of joining. Pregnant ladies are advised to join after delivery. Their claim is retained for the job, but they are not allowed to join duties until delivery. This can be verified from any central government office.

I believe that we are talking about an MNC and not a government organization. The rules you have will not apply to this case.