Facing Pressure to Resign After Announcing Pregnancy at Work – What Should I Do?

I am working in an FMCG company for 1 year and 7 months. I informed my HR about my pregnancy, but after 4 days, they asked me to resign. What should I do? Please suggest.

I hope you have informed HR in writing via email about your pregnancy. If not, please do so right away. HR cannot terminate you or ask you to resign under any circumstances when you are pregnant. The employer cannot escape their responsibilities under the applicable law by practicing such acts. Do not, under any circumstances, issue any resignation letter. Keep all your communication between you and the employer/HR in writing while maintaining a copy of such emails in your personal email ID.

Thank you,
A&B

Approach the Labor Office if the HR is not mending his ways.

Recently, an employee in Delhi claimed ₹1,00,000 from the employer for this kind of issue after filing a case against the employer in the High Court.

As mentioned by A&B, communicate everything through email. Ask your HR on what grounds they are asking you to resign. According to the recent amendment in the Maternity Benefit Act, women who are pregnant are eligible for 26 weeks of maternity leave, including those in private companies.

Please also confirm whether you are covered under ESIC or if you are above the ceiling limit of ESIC. If you are covered under ESIC, it means that as per the ESIC Act, they will provide you with leave, pay for non-working days during leave, and your management will not have the right to terminate you or ask you to resign during ESIC leave.

Thank you.

Thanks to all, but HR is forcing me to resign via phone and email. Additionally, they are not willing to provide maternity benefits and are mentally harassing me.

Please address an email to the HR head, your immediate senior, your departmental head, the Company MD and/or CEO, and CFO, clearly stating that you are pregnant. You are aware of your rights under the law and hence, under no circumstance, willing to resign.

In case the matter becomes severe, please visit the link below and log your complaint: http://ncw.nic.in/frmLegalUnit.aspx.

If you need any paid legal assistance, please let me know. I would be more than glad to help you with appropriate resources at the lowest cost.

Regards,
A&B

Dear Devika,

You are entitled to maternity leave, and there is no one who can ask for your resignation. You can file a complaint with the labor department, and they will definitely assist you. If you need further assistance, please feel free to write to us.

Please confirm, can I take legal action for mental harassment after resignation. Kindly help.

XYZ

As already suggested/advised by the professionals here in the forum, please do not resign under any circumstances. Continue to work, keep calm, and if it becomes intolerable, then take SL/CL, which you are entitled to in your account. Get a properly drafted email from someone in HR (outside your organization) explaining the reasons your employer is asking for the resignation. I am confident that the HR person asking for your resignation will not be able to respond to your email.

Also, remember to forward all email communications to your personal ID for future reference, or take printouts of the email communications.

Regards,
Mousumi

Handling Maternity Leave and Employment Concerns

All emails should be sent with a return receipt. Obtain a certificate from the doctor and submit it to HR. If they refuse, send it via registered post with acknowledgment due. Keep a separate file and organize all the documents.

As advised by our HR professional, stay calm and continue working until you are eligible for maternity leave. Management cannot terminate your employment or take any action while you are on maternity leave; therefore, do not submit a resignation.

Facing Challenges During Pregnancy at Work

You have to take it as a challenge. The professionals in this forum are supporting you. Do not think of resigning from your job. Send communications on the status of your pregnancy to your HR by email or by registered post with acknowledgment due. The lawful benefits cannot be denied by any employer, as such denials are punishable, including imprisonment under the defined statute. You are hereby advised to follow the professionals' guidelines. Do not get confused or worried at this point in time; remain relaxed.

Regards