Pregnant and Pressured to Quit: How Can I Handle My Boss's Unfair Demands?

Hello, I am an employee of a well-reputed bank for the past 2.5 years. I am currently pregnant, and when I informed my boss about this, he started asking me to quit. The company seems to be focusing on letting go of their employees, and my boss is not willing to provide me with maternity benefits. All employees are working under high pressure, often exceeding 10 hours a day, and I am also in the same situation, which could be harmful to my baby and is making me feel worse. I took personal leave, and now they are pressuring me to resign. I am in a difficult financial situation and cannot afford to quit now due to my commitments. Please advise me on how to resolve this issue.

Addressing Maternity Leave Challenges in the Banking Sector

What is happening with you is quite unfortunate. These cases were happening even when maternity leave was just for 12 weeks. With an increase in the number of weeks from 12 to 26, such cases are bound to multiply.

If you work in a "reputed bank," then you must have an escalation procedure. I recommend you escalate this case to your superiors at the Head Office (HO). If the HO also remains intractable or inexorable, then you may approach the labor officer of your area to explain your problem. If the labor office also does not come to your rescue, then you may write a letter to the Women and Child Welfare Ministry. The ministry is quick in their responses (at least as of now).

Understanding Cost Pressures in the Banking Sector

Manpower cost is a major cost in the banking sector. In the manufacturing sector, the inventory carrying cost of the raw material or of finished goods is a major cost. However, you do not have any inventory. The only inventory you have is human inventory. That is why HR in the banking sector comes under pressure to reduce the manpower cost. They, in turn, pressurize branch managers to reduce this cost. However, cost reduction initiatives are no excuse for prohibiting taking maternity leave or continuing employment itself during pregnancy.

Thanks,

Dinesh Divekar

Submitting Pregnancy Certificate

Please submit the relevant certificate regarding your pregnancy by registered post with acknowledgment due to your employer. Oral intimation will not suffice.

Working Hours and Holidays

Private and public sector banks' working hours are more or less similar. There is nothing wrong with the working hours, but you have to take into consideration weekly holidays, festival holidays, bank holidays, etc.

Maternity Benefits

Furthermore, your manager is not responsible for providing you with maternity benefits. It is your employer's legal obligation. Please visit your bank's empaneled doctor to get the appropriate medical certificate warranting leave. You need to escalate the matter in writing to your employers for the redressal of your grievance. It seems you are focusing more on your reporting manager.

Compensation and Maternity Benefits in India

A radical thought: Compensation is for the work done. This can be decided by mutual agreement, law, market, or other parameters. In India, we have many payments to be made by the employer even when an employee is not working. This includes leave pay, paid holidays, bonus, gratuity, accident compensation, and maternity benefit. One way we accept other payments for not working is that we, at times, increase the quantum or percentage by agreement. But when it comes to maternity benefits, we become conservative.

The effect of the amendment is bound to be not employing women in that age, asking them to resign and reemploying them later, or somehow avoiding the liability in law.

But consider, in the total cost of employees, how much is the maternity benefit cost? And will the woman employee work less or delay work when she resumes work?

Under the concept of a welfare state and popular government, we cannot avoid this. Accept the reality and act accordingly. There is no need to be upset and fight at some cost.

Regards, Vibhakar Ramtirthkar

[Phone Number Removed For Privacy-Reasons], [Email Removed For Privacy Reasons]

HR Advisor and Union Leader.

Applying for Maternity Leave

Apply for maternity leave in the prescribed format. If he tells you to quit, ask him to terminate your services.

Legal Implications of Denying Maternity Leave

Informally inform him that the punishment for denying maternity leave is three months imprisonment. If he insists on resignation, write to him officially that you are pregnant and that him asking you to resign is against the law. State that you will not resign, but will avail of maternity leave and, if required, will be forced to take it up with the regulatory authorities. Mark CC to your higher-ups, including your CEO. This will put him under pressure.

He would understand that if he further harasses you, you will escalate the matter to higher-ups if necessary. It is your fundamental right to avail of maternity leave. Don't give in.