Pregnant Employee Replaced During Medical Leave: What Are Our Options?

Dear mates,

I just have a query as our manager wants to discontinue with a lady who is pregnant and has hired a replacement while she was on medical leave. Kindly guide me on what can be done as he is a lawyer himself. Looking forward to advice on this.

Thanks and Regards,
Priyanka

1. What is the strength of your organization?

2. Is the ESI/MB Act applicable to your organization?

3. Why does the director want to get rid of the pregnant lady?

What are the reasons for the termination? What are the circumstances that the termination is being done? Also, if he is a lawyer himself, he knows the law. Provide a complete picture for members to offer any advice.

Discontinuation of an Employee

Discontinuation of an employee, whether she is pregnant or not, should follow fair procedures. She should not be terminated solely on the grounds of pregnancy or impending maternity leave; such an action is considered an offense as per the MB Act. However, no employee can avoid genuine management actions for non-performance, misconduct, etc., simply because they are pregnant. All actions should be well-documented with performance reports, communications, corrective actions taken, training records, and so on.

Dear Friend,

You have not mentioned the reasons for such action. Is it because she is pregnant, and you do not wish to pay her for 6 months and give leave? If that is the reason, then it is immoral and inhuman. Your Director's whims should be contained by reasons and rationale. Please explain to him. Being an advocate does not exonerate him.

Bharat Gera HR Consultant