Navigating Maternity Leave During Probation: How Should I Handle My Employer's Response?

Hi, I am working with a Private Limited company that is ISO certified as a Designer. I joined this organization on 01 Aug 2015, and now I am 5 months pregnant. The probation period, as per the offer letter, is 6 months, and I am in the sixth month of service. As a responsibility, I spoke to my immediate senior about my pregnancy and sent a formal email to the Director/Owner to inform them (as advised by my immediate senior). I also mentioned my Expected Due Date (10 May 2016) and when I will start my Maternity Leave (01 April 2016). Below is my Director's reply (word for word):

"Congratulations. Company policy is 3 months of paid salary for permanent employees. Working from home is a must during these 3 months. Other than that, in case of complications, you can take rest but salaries will be deducted. Please see if you can find someone who can work in your absence. If not, we need to look for someone (last line is for my immediate boss)."

Thank you.

Understanding the Maternity Act and Your Rights

The Maternity Act applies to both permanent employees and those on probation. While I understand the company policy, I strongly disagree with the requirement to work from home and not receiving leave with wages in case of complications.

According to the Maternity Act, you are eligible to receive an extra one month of leave with wages if there is any illness due to pregnancy. Moreover, it is the employer's duty, not the employee's, to find a person to cover your job during maternity leave. The employer cannot terminate an employee due to her absence arising under this law.

Hence, I urge you to write a letter or send an email quoting the above line and clearly mentioning the relevant law to your Director, with a cc to the Head of HR. Surely, they will acknowledge your rights under this law.

Thumbs Up.

With Regards,

Mr. Thumbs Up

Thank you, Kumaran. There is no HR department in our organization, and the individuals/authorities responsible for recruitment are already in CC. Could you kindly advise on the next steps I should take towards applying for maternity benefits, or should I wait unless they explicitly deny me the benefit? In their email, they have not outright said no to me but have emphasized that benefits are solely for Permanent Employees.

What should I do if they terminate my services after my probation period (without confirming my services) for reasons like underperformance, integrity issues, etc.? As per the clause in the offer letter, it states that services can be terminated at the company's discretion. I am attaching the offer letter for your perusal.

Regards

Hi buddy,

Be positive; you are making things worse by thinking negatively. As I said earlier, you are eligible for maternity benefits. Please don't undermine your rights. If there is no HR department, then write a letter to your director stating your position and mention when you are going to take maternity leave. Send a copy of the letter to your reporting authority or department head. They cannot deny your rights under maternity law.

With Regards,
Mr. Thumbs Up

Please go through the discussions under these links, which will provide some clarity on maternity leave/benefits under the Act.

https://www.citehr.com/546338-collea...suggested.html

https://www.citehr.com/545267-holdin...ml#post2271924

Coming to your query/problem, I presume you might be a fresher and anxious to retain this job. If so, you have to approach the questions carefully. Of course, what has been stated by your management is wrong as per the Act. You'll have all the protection provided under the Act. However, if what they mentioned implies termination due to your pregnancy, it will be illegal on the part of your management. At the same time, to maintain a cordial rapport with your management, especially during your probation/early in your career, you should try to share their concerns without risking your health conditions to the extent possible.

A smooth work environment would only add to your state of mind for a comfortable delivery. Before seeking legal recourse, you should make them understand you are giving them your 100% and wholehearted sincerity to your work ethics, braving uncomfortable physical conditions during the pregnancy. Be positive, as humans are expected to be humane as well. Try to win their support so that you can keep your cool to ward off mental strain at this juncture, keeping in mind the challenges you might face if things do not fall into place for you.

Regards

On a more practical note, try asking about other previous cases of maternity in the organization and how they were handled. Don't expect immediate change in the system. "As-is" and "should-be" situations are always different. No amount of text here can have an actual impact on the organization with no HR function.