Pregnant and Stressed: How Can I Handle My TL's Refusal for Work-from-Home Before Maternity Leave?

Hi all, I work for a private organization. I am in my 28th week of pregnancy and have been working in this organization for 1 year and 8 months. My heads (2) are very nice people, but my Team Leader (TL) is not such an understanding person. My baby shower is on July 15th, and after that, until a few weeks before delivery, I have asked for work from home. After that, I will take my 3 months of maternity leave; this is what I have requested. However, my TL won't let me; he says I need to work more than what I do at the office. I basically wanted to go home because of medical conditions and pains arising out of pregnancy. I said I would do the same work there, but he wouldn't accept. Then he said to go by your 9th month, which is not possible as my doctor has asked me not to travel after 32 weeks. In the 8th month, they can't keep a baby shower and take me home. So what should I do now? I can't take up this torture. He tortures and puts much pressure for no reason. So I've decided to talk to my heads; if they will let me do the same work, then I'll work from home, or I'll ask them to relieve me. I'll resign. Will they relieve me in a week's time? Is there any law or rule that says they can't keep a pregnant woman from resigning or going away for maternity on short notice? I have informed my TL that I need leave from July 15th 3 weeks back. Please help.

Protection Under the Maternity Act

There is protection under the Maternity Act; a woman cannot be terminated during pregnancy. An employer cannot terminate a woman during this period to avoid maternity benefits for her.

As per the provisions of the Act, you can ask for 6 weeks of pre-delivery maternity leave, which the employer cannot deny.

I would suggest that you please speak to your Head and TL politely and help them understand the situation. Ask them to allow you to work from home if it is feasible. If they still do not agree, provide them with a doctor's notice including the delivery date, stating that there is no need to come in person, as you have immunity from termination.

Regards

Understanding Maternity Leave Under the Maternity Benefit Act, 1961

Please refer to Section 4 of the "Maternity Benefit Act, 1961." It states that no employer can employ a woman 6 weeks prior to the date of expected delivery and 6 weeks after delivery. It is prohibited. In case of any illness due to the pregnancy/delivery, on a doctor's certificate, the employer has to give 1 month of extra leave with pay. Apart from this, no employer can terminate any woman employee in case of absence during the period (12 weeks - 6 weeks prior and 6 weeks after delivery).

In case of any contravention of the above rules, an employer can be punishable with imprisonment up to 1 year and a fine. Please help your TL understand that motherhood is a respectable thing for any woman in this world and ask him not to be stuck to his project deadlines.

Regards,
Keshav Reddy.

Since you are in the family way now, first avoid being stressed or under pressure and relax. That is the need of the hour for you. Do not worry about the job or future. Motherhood is more important.

Now addressing your concerns, please relax about your job. As Mr. ESSYKKR and Mr. Kesav Reddy have already stated, your services cannot be terminated during pregnancy as per the provisions of the Maternity Benefit Act. For breaching this, one can render oneself liable for penalties, both pecuniary and penal.

I also bring to your notice that under Section 4 of the Maternity Benefit Act 1961, if a woman employee requests, the employer shall not assign her any work of arduous nature or any work that requires long hours of standing or any work that interferes with her pregnancy for a period of one month prior to taking maternity leave. The spirit of Section 4 is that the employer cannot ask you to do anything that interferes with pregnancy. This is a statutory provision meant to protect the pregnancy of a woman employee, for breaching which the employer renders himself liable for penal action under the Act.

You may discuss with the Heads of Dept. but not with the TL and bring to their notice the above provisions and request them what you are requesting is for the safety of the child. Stop worrying first and start acting now. You will get the required permission.

All the best.

Regards,
B. Saikumar
Mumbai

Legal Entitlements and Options for Maternity Leave

ESYKKR and Kesav have given you a broad idea of where the law stands on the subject. Just as a pregnant employee cannot be forced to work during the period of her entitlement for maternity leave, an employer cannot also be forced to comply with a request beyond her legal entitlement. Considering this principle of legal equity, I suggest as follows:

Since you say that the basic purpose of your seeking leave from 15th July is because of medical problems and pains arising out of pregnancy, you can try persuading your department heads to grant medical leave up to the period when you can start availing of your maternity leave. If this is not permitted for any valid reason, this period can only be treated as leave without pay, which should be a much better option than resigning.

I feel that there is no point in blaming the Team Leader, since the person responsible for getting the work done is rarely popular. Your Department Heads might be nice towards you for the sake of courtesy, but not to him, and would want to get things done at all costs. Working from home might not be a feasible idea to the TL, though I am not sure of the type of industry you are in.

As you feel that you have no issues with the heads, you can propose the above idea of medical leave to them. They should respond positively if they are the kind of nice people that you are talking about.

Best wishes to you and your baby!!!

Regards,
Pradeep Sukumar

Apart from what others have suggested and enlightened you about your rights, I also referred to Sec. 4 of the Maternity Benefit Act, which enables a woman who is pregnant to make a request regarding the nature of work to be entrusted to her during her pregnancy. It also prohibits the employer from assigning any work that interferes with the pregnancy.

Going by the spirit of the provision, the employer cannot ask you to do anything that interferes with your pregnancy. Such a request can be made for a period of one month preceding the date on which you proceed on maternity leave. What you have requested is not leave but permission to work from home, and you have medical certificates to support your request. You can discuss the issue with your heads, bring this provision to their notice, and convince them that your request is within the framework of the law.

Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai