Pregnant and Facing Unfair Shift Change: How Can I Stand Up for My Rights?

I have been working in a software company for the past 1 year and 7 months. Currently, I am 16 weeks (4 months) pregnant. I have had an afternoon shift and the option to work from home even before I became pregnant. My manager changed, and the new manager who took over the team, even after knowing I am pregnant, wants me to come to the office, and that too in the night shift.

I brought this to the notice of HR and even senior management, but they nodded their heads, saying they can't help me with this. They say there is no other opportunity where they can fit me in and suggested I look for other opportunities. I have worked for the organization for such a long time, and now, when I need help, they say they have no option. Companies help and provide options for working women, but here they are taking back the existing option after I informed them that I am pregnant.

I am really disheartened and don't know how to proceed. I can definitely look for a job outside, but which company will hire a pregnant lady who wants to go on maternity leave in the next 4-5 months? I am in a condition where it's important for me to continue in my job to avail of medical benefits and maternity leave.

Can someone please suggest how I can fight this? Is there any Act or Government rules that can help me with this?

Thanks in advance.

Dear Namratha,

This is a very dicey situation. You have mentioned that you have talked to your senior management team. If they feel helpless, then fighting over this will not yield anything.

What I suspect is that the management, including your new manager, feels that since you are expecting and will be taking leave for at least 3 months or more, the time period can lead to stagnation of earnings for the company. This may be a liability. The company is thinking about cost-cutting. That may be the reason they asked you to look for other opportunities.

What I can suggest to you is if you have an appointment letter with terms (like working from home) clearly written, you can talk to the manager, sit with him/her, and try to reason your position.

In case you don't have the appointment letter, you may still wish to sit with the new manager and explain your discomfort. Alternatively, you may suggest going to the office twice or thrice a week (but only in the daytime) if the manager doesn't agree at all.

I can think of this suggestion at the moment. Let's see if others have different points also.

But, please do take care of yourself and take no tensions, please.

All the best,

Regards, Anuradha

MINDSHARE HR Consultancy Private Limited

What you said is 100% right. In fact, in one of the conversations I had, they mentioned that even if they put me in a different team, I would work for 3-4 months and then go on leave, which they see as a loss for the company. I felt so bad hearing that. What if all companies think and treat their female employees like this? Does this mean working women should not become pregnant? Why don't they hire only male candidates or women above 40 years? I have never been a person who sits at home, and I can't imagine myself doing nothing for such a long time. That would be more frustrating. I have also seen a couple of other female employees (who are at a slightly senior level) who were given the option to switch to day shifts after they conceived. It's very sad to see the injustice happening to me in the same company.

Regarding discussing with the manager, since that didn't work out, I brought this to the attention of management. I told them not once or twice that I can come to the office every day but not for the night shift. He was not okay with that either. There is no use in sitting and talking to him. If he were a person who could understand the problem, he would have understood it the last time I explained. He knows well that neither can I leave the job due to the commitments I have, nor can I work the night shift. With that hold, he is playing.

Unfortunately, shift timings are not mentioned in my offer letter. I really do not want to give up so easily and want to fight for it with some strong points. But I don't know how to start. :(

Labour Law states that no employer can terminate a female employee due to pregnancy, and they also cannot terminate her during her pregnancy leave if she is a regular employee on their payroll. I suggest you discuss this with your employer, referencing the Labour Law. This information should be helpful to you.

Regards,
Anju

First of all, be bold and cool. Please do not get into unnecessary stress and strain, because this may not be good for your baby. Even though we have very strong legislation, execution lies with people, and effectiveness may vary based on the individuals in such roles.

As you are working in a private firm, if the company culture perceives a 'pregnant lady' as a liability, it is an attitude problem of management or the visionaries behind the firm. Now, the question is why should you stick to such a company and put in your effort? Most companies in India respect motherhood and provide all possible assistance to continue work during pregnancy.

I suggest not getting into a legal battle with the company. Try searching for another job where you can work during the daytime as well as from home. Post your profile on career sites with this specific requirement. I believe you will receive many calls.

May God bless you, wishing you the very best!

Thank you for such a sweet email. Yes, I can definitely find a job as you have mentioned, but my concern is which company will knowingly hire someone who is pregnant. When it comes to fighting legally, I am not pursuing legal action (not filing a complaint and all), but I am fighting for my rights, which I deserve for being associated with that company for such a long time. They are taking advantage of my physical condition. It's not that there is no option, but they are not ready to give any other option because they know that since I can't do night shifts, I will move out. Today it's me; tomorrow, it could be someone else.

In this busy life, a working woman may get a chance to enjoy her motherhood once in her lifetime (maybe at most twice). Is it wrong for me to expect my medical benefits, for which I am paying, my maternity leave, which is my right to get from my employer, and a small cooperation from management?