Pregnancy Discrimination at Work: How Can Women Protect Their Rights?

Pregnancy Discrimination in the Workplace

I have observed a small private company where hardly four or five women employees get fired whenever they disclose their pregnancy to the employer. The employer dismisses the employee, stating reasons like the employee is not working efficiently. However, the main reason is that they are not interested in paying maternity benefits, treating it as a cost rather than a right of a woman employee.

In such a situation, what should a woman do? If I'm not wrong, the law prevents a woman on maternity leave from being terminated, but here, it is a different case as the woman is still working.

Regards

Concerns About Extended Maternity Leave

Sonia, the same thing I was fearing is now happening as the government is planning to increase maternity leave from 12 weeks to 26 weeks. If an employer is not ready to give 12 weeks of leave, how will they provide 26 weeks of leave? This would mean 6 months of salary, and by implementing this law, women's employment opportunities may decrease.

Legal Recourse for Termination During Pregnancy

Regarding your query, women can take their case to civil court against termination and even obtain a stay on termination. However, it is important to understand that, at this stage, women may be reluctant to pursue legal action, especially considering the challenges of navigating the court system in India.

Dismissal without proper procedure will be deemed to be illegal. An illegally dismissed employee can approach the District Labour Officer to resolve the issue.

Very good question! In fact, several small or medium-level companies do try to avoid the payment of maternity benefits, as permissible under the provisions of the law. So, your question is quite valid in that respect, ensuring the employer does not shun their responsibility to bear the lawful liability towards women workers.

Steps to Take When Facing Illegal Termination

Regarding your question, what should a woman do when faced with a situation where the employer illegally attempts to terminate a female employee under the pretext of inefficiency? A woman employee should not delay in giving formal notice under Section 6 of the Maternity Benefits Act, 1961, even for a single day after she becomes aware through medical check-ups. She should not provide any opportunity for the employer to discover her pregnancy automatically based on her physical condition or verbal notification. Once formal notice is given, the employer is obligated to fulfill their liability under the provisions of the Act. The notice must be in the prescribed form, as per the provisions of Section 6 of the Act.

Understanding Section 6 of the Maternity Benefits Act

Sections 6(1) & 6(2) clearly state:

(1) Any woman employed in an establishment and entitled to maternity benefits under the provisions of this Act may give written notice in the prescribed form to her employer, stating that her maternity benefit and any other entitled amount may be paid to her or to a nominated person and that she will not work during the maternity benefit period.

(2) In the case of a pregnant woman, the notice shall specify the date she will be absent from work, not earlier than six weeks from her expected delivery date.

Regards

Dear All,

Availing 26 weeks of maternity benefit for women employees who are not able to handle the workload for up to six months is impossible if the employer considers it. If the employer does not wait or postpone the work for six months, the government has to balance the welfare of both the employee and the employer (nobody can be left unaffected).

Regards,

P. Senthil

Thanks a lot. Members will surely update my women friends about what needs to be taken care of while informing their employer about their pregnancy.

Thanks, Mr. PS Dhingra. I understand that for the employer, it might be difficult to manage work for an employee who is on leave for 26 weeks, but nothing is above government rules. One cannot deprive a woman of her right to maternity leave. Moreover, one should not treat it as a cost. Employers should have a mechanism where work is not affected, and it is their duty.

I also strongly feel that the Maternity Benefit Act should be renamed the Maternity Rights Act. The latter is more apt and sounds better.

Regards

I was intrigued to read your post. It seems as though you believe that there is only one employee in the organization who is trained or skilled to handle a job, and that no one else should be prepared to step in when that individual is absent, regardless of the reason for their absence.

Consider a scenario where an employee is hospitalized for 5-6 months due to a severe accident or illness—should their position remain vacant during that time? It is important to remember that organizations do not cease to function due to the absence of one or two individuals. This raises the question: what is the purpose of the HR unit if they are unable to manage such situations in the absence of a specific employee?

The work of an organization should never come to a standstill due to the absence of one, two, or even ten employees, provided the manager possesses genuine management skills. Relying excessively on a particular individual is not a sign of good management; rather, it indicates a weakness in the manager. Feeling helpless is not a strength but a significant weakness for a manager, as it can lead to inefficiency.

Therefore, as HR personnel, demonstrating an inability to handle various situations does not showcase expertise in HRM. A manager must be adaptable to any circumstance that arises. It is also the manager's responsibility to ensure a healthy work-life balance for employees. For instance, can a female employee who is concerned and stressed about her two-month-old child at home be expected to be productive at work? Unlikely. Hence, there is nothing wrong with granting women employees a 6-month maternity leave. A stress-free employee is likely to be more productive while at work, just as she is dedicated to her household duties at home.

Your thoughts on this matter?

Best regards,
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