Navigating Maternity Leave During Probation: Am I Wrong to Prioritize My Health?

Respected Sir/Madam,

I joined this company as per their records on the 24th of December 2013. I was on probation for 6 months (up to June). I revealed my pregnancy in April. In June, they issued a letter stating the extension of probation until the end of September without providing any KPIs, statistics, measurement procedures, or assessments beforehand. I am currently at 27 weeks of pregnancy. I have had issues with my spine in the past, which has turned out to be a nightmare. According to my doctors, they have advised complete bed rest as of now, or I may face premature delivery or permanent spine problems in the future. Therefore, I applied for maternity leave immediately on August 30th, 2014, and mentioned I would submit all necessary handovers and medical reports if required. I also mentioned that I intend to return from maternity leave and complete my probation, as my health condition may not allow me to perform at my best during probation.

It seems they had planned for me to leave the company, either through probation extension or by creating a hostile work environment. They magnified even the smallest mistakes for management. For example, when I was on leave due to a high fever and left a message for my boss, he claimed not to have received it the next day. He then accused me of taking unapproved leave without informing all top management. There are several instances like this.

Could you kindly advise me on whether I am wrong to take my maternity leave given the circumstances? Since I have not received a response from them yet, I am concerned about being terminated at this point. Would I still be eligible for maternity benefits if they decide to terminate me? Can I pursue legal action for the mental stress caused and if they terminate me unlawfully?

Your assistance in this matter is greatly appreciated. Thank you.

You have not disclosed the following aspects:

(i) Whether you are covered under the ESI Act, 1948. If not, then you will be covered under the Maternity Benefit Act.

(ii) If covered under the Maternity Benefit Act, whether you are/were eligible for maternity benefits under the said Act.

In order to be clear on the matter, I hope you will examine the provisions of the above Acts, whichever is applicable in your case, and raise the specific issue relating to your case again. You can view the provisions of the above Acts on the websites of ESIC and the Ministry of Labour & Employment.

So far as I understand, being a female employee on probation is no bar to claiming maternity benefits. The only condition may be whether the female employee concerned has completed the minimum service requirement to be eligible as per the Act.

Regards

First of all, congratulations, and may God give you and your baby abundant blessings. Coming back to your query, I would suggest, first of all, not to take tension from the petty politics of the office. You should go ahead with whatever the doctor is advising you. You will get a new job at any point in time, but the stress that you are experiencing and missing out on the day-to-day changes during your pregnancy period is significant. I would suggest enjoying it to the fullest without thinking about whether the company will allow maternity leave or what the future holds.

Secondly, I would suggest being straightforward with higher managers in your organization regarding the current situation and how important it is for you to take rest. Assure them of your presence as soon as your health permits. Also, get clarification on the process of maternity leave.

I have just joined a manufacturing organization on 1st September 2014. I have been placed on a 6-month probation and will be considered a confirmed employee on 1st February 2015. Additionally, I am covered under the medical insurance policy provided by the organization. I would like to know the specific date I need to work until to qualify for maternity leave benefits so that I can plan my pregnancy accordingly.

I would also like to inquire if, in the event that I wish to continue working after my delivery for 6-8 months (unpaid), does the company have the right to request that I leave voluntarily? I am interested in returning to work a year after my delivery and would appreciate clarity on this matter.

Please advise.

Regards, Ana

Dear Perra, Kindly find below the extract from the Maternity Benefit Acts.

Right to Payment of Maternity Benefit

1. Subject to the provisions of this Act, every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence. This includes the period immediately preceding the day of her delivery, the actual day of her delivery, and any period immediately following that day.

Explanation: For the purpose of this sub-section, the average daily wage means the average of the woman's wages payable to her for the days on which she has worked during the period of three calendar months immediately preceding the date from which she absents herself on account of maternity. This is subject to the minimum rate of wage fixed or revised under the Minimum Wages Act, 1948, or ten rupees, whichever is the highest.

2. No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit, for a period of not less than eighty days in the twelve months immediately preceding the date of her expected delivery.

Regards

Dear Perra,

May God bless you with a healthy and fine baby. I agree with the opinion of Ms. Deepa Bhatia. You might have some compulsion to be on the job at the earliest, but nothing is more important for you than your baby. Being an HR Manager, I would like to add one more point to the suggestion of Ms. Bhatia.

Consider Your Future with the Company

Why are you eager to rejoin the company that does not care for its employees even in such a critical and important moment? Are you sure you would be working happily with this organization in the future? So, please, take any legal action you want to take after the birth of your baby. Enjoy your motherhood experience with full joy and happiness.

Document All Communications

Whatever emails you are exchanging with Management, mark CC to your personal email account and take a printout of the same.

Thanks,
Dhananjay.