Facing Unfair Work Demands While Pregnant: Can I Leave Without Legal Trouble?

Dear All, I will be needing your kind help in sorting out an issue at my workplace. I have made a few queries here before; however, I need some more clarification. I will mention my whole problem in bullet points for better understanding. Please do let me know if there is anything else to be mentioned.

1. I am working with a private school in Vijayawada. My appointment order says I am a life skills trainer for Secondary students and a communication executive for the school.
2. The school doesn't have basic hygiene facilities like separate toilets for teachers or a drinking water facility. There are no chairs or fans for teachers in a classroom.
3. I have been asked to take classes in the Primary as well as Secondary without giving any reason, even if Primary teaching is not in my appointment order.
4. The management forces me to work on holidays like Bandhs and other holidays when no other teachers are working. In fact, granting me a leave of one day, which I had applied for well in advance for my mom's surgery, was labeled as 'special consideration.' I have been told that I must feel thankful for it and work extra hours in return.
5. The management has labeled me as a non-committed employee for not working during Dusshera vacations. This was in reference to building the curriculum for Life Skills. Sadly, I am only a trainer, and building curriculum is not a part of my job profile. When joining, I was told that the whole curriculum is ready, and I just have to teach.
6. I have been asked to gather information and resources from my previous school, which was a high-end school, to help the director's wife establish her own school in the city. This task is not only outside my job profile but also unethical.
7. If resignation is given as per the norms, the school holds up the salary for the notice period. Also, the school keeps the original certificates of the employees, but I haven't given them any such document, so I don't have to worry about this part. However, I cannot give them a resignation because I am sure they will hold my salary, and working for them free of cost is not acceptable to me.
8. I am five months pregnant and wish to stay home now as the physical work is extremely demanding (includes walking from one block to the other around 300 meters for taking classes. There are four such blocks, and classes are on the 5th and 4th floors). It is too strenuous for me to move around so much, especially where there are no chairs for the teachers to sit in the class. I am literally moving from one block to the other, descending the 4th floor here and ascending the 5th floor in the other block.

This was the description of my working conditions. My questions to you kind people are:

1. Will the employer have a chance of issuing me a legal notice if I just pick this month's salary and leave on medical grounds, stating my pregnancy? I don't expect any relieving letter or experience letter from them.
2. Can I argue that I was made to do tasks that are outside my job profile without extra pay?
3. Nowhere have I mentioned that working from home or on holidays is acceptable to me, and neither is it mentioned in the appointment letter. Is it legal/correct of them to expect me to work on holidays, especially for work for which I wasn't hired?

Kindly help me with these queries, and any extra suggestions are welcome.

Thanks & Regards, Swarupa.

Understanding the Maternity Benefits Act

Please read Section 4(3) of the Maternity Benefits Act, which will be applicable to your school.

(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 sub-section (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 to adversely affect her health.

(4) The period referred to in sub-section (3) shall be:
- (a) at the period of one month immediately preceding the period of six weeks before the date of her expected delivery;
- (b) any period during the said period of six weeks for which the pregnant woman does not avail of leave of absence under section 6. (This is with reference to para 8 of your post above.)

When is the date of delivery? The school is not following basic rules and regulations, which the District Education Officer can be made aware of.

How long have you been working there?

Section 10 of the Maternity Benefits Act

Section 10 is also favorable to you: Leave for illness arising out of pregnancy, delivery, premature birth of a child, or miscarriage. A woman suffering from illness arising out of pregnancy, delivery, premature birth of a child, or miscarriage shall, on production of such proof as may be prescribed, be entitled in addition to the period of absence allowed to her under section 6, or, as the case may be, under section 9, to leave with wages at the rate of maternity benefit for a maximum period of one month.

The issue here is that the school management works as per their whims and fancies, and teachers have to toe their line or face problems. If you take up matters, they will find ways to take action.

Exiting the School

Exit from school is to be done as per the appointment order. If you quit as per what you have written, the school can take legal action, but their own record is not clean and can be contested. You have to see your medical condition; a legal battle is totally a strain presently. Apply for medical leave as per Section 10.

Last Resort

Quit as per the appointment order and fight for your pay if they delay it.

Regards

Upon hearing your problem statement, I believe there are many things fundamentally wrong. You have already made up your mind to move away, and your health status cannot be risked. Assigning a task that is not mentioned in your appointment letter is common in our country.

To be blunt, an employer cannot take action against all the employees who abscond. In a few episodes where an employee absconded with company valuables or money, creating issues with the intangible assets of the company, engaging in malpractice, etc., action can be taken. There are a lot of absconding cases happening in our country, but how many employees have been sued?

With that said, write an email to them from your official ID (if you have one), with it CC'd to your personal ID, stating the reason for the same. Do not point out mistakes directly or challenge their ego. Mention that you have been working on weekly offs and public holidays. Make it more constructive, and please mention that you do not possess any school-owned properties, valuables, etc. It would be better if you attach a medical letter stating that you are not supposed to engage in physical work like walking for a long distance, standing for a long time, and that you need time off from your official duties. Good luck!