Pregnant Employee in Private Bank Faces Threats Over Leave: How Should She Respond?

Hi, my friend is working in a private bank (e.g., HDFC, Axis). She is a confirmed employee and has completed 1 year and 6 months in the same branch of the bank. She is expecting a baby and has informed her bosses about it. Due to some complications in her pregnancy, the doctors have advised her to take a leave during the initial period (as she had a miscarriage last time).

She took a leave for 2 months and submitted a medical certificate for the same. As a result, all her pending leaves were exhausted, and she received Loss of Pay (LOP) for 15-20 days. She recently rejoined work but had to take a 2-day leave due to health issues. She informed her bosses about her health condition and mentioned that she would submit a medical certificate for the 2 days.

Her boss asked her to resign immediately, threatening to issue an absconding letter from HR and terminate her if she did not comply. Additionally, she was informed that if she rejoined, she would not be able to take any more leaves as she had no pending leaves, and LOP could not be granted.

It's important to note that all the communication from her boss was conveyed over a phone call and nothing was provided in writing.

I was shocked to hear about all of this. I have received many good suggestions from Cite HR before, and I hope I can be guided through this situation as well.

Thanks in advance.

Dear Pratik, Earlier, there was a similar query on the forum. Click the following link to refer to it: https://www.citehr.com/583024-asked-...ml#post2351390

You mentioned that your friend's boss has threatened her with termination of services. Could she record the audio call? I ask this question because we need evidence of the threat.

As of now, tell her to hold on until six months, and on medical grounds, she can ask for maternity leave upon completion of the second trimester. In case things come to a point where the threat becomes real, we will advise you on what to do.

By the way, you have been a member of this forum since 2015. However, you have only approached the forum when in need. A true gentleman not only seeks help but also extends it to others. Therefore, I urge you to participate in discussions and provide your valuable views.

Lastly, as you are representing your friend, why couldn't your friend become a member of this forum and upload a post? It is better to hear the problem directly from the first party rather than a third party. Despite your noble intention of helping her, communication has the least possibility of distortion if it comes directly from the source.

Thanks,

Dinesh Divekar

Hi Pratik, your friend, as well as the management representing the bank, seems unaware of the special privileges for women in the workplace. With reference to prevailing acts/rules, I am quoting some clauses that are relevant in the current context:

Clause 10: Leave for illness arising out of pregnancy, delivery, premature birth of a child, or miscarriage

A woman suffering from illness arising out of pregnancy, delivery, premature birth of a child, or miscarriage shall, upon providing the prescribed proof, be entitled, in addition to the period of absence allowed to her under section 6, or, as the case may be, under section 9, to leave with wages at the rate of maternity benefit for a maximum period of one month.

Clause 12: Dismissal during absence or pregnancy

(1) Where a woman absents herself from work in accordance with the provisions of this Act, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence, or to vary to her disadvantage any of the conditions of her service.

Please refer to the Maternity Benefit Act at http://www.labour.nic.in/sites/defau...fitAct1961.pdf. Also, find clarifications on the latest amendment at http://www.labour.nic.in/sites/defau...ifications.pdf.

Dear Pratik, please ask your friend to put all these facts in black and white and present them to the management. This way, you can create a record that they cannot deny later. They must reply to that letter; if not, it can be viewed adversely against them. Even after taking these steps, if they terminate her and she is in Maharashtra, a complaint can be filed for illegal termination in the Labor Court, even based on apprehension. Interim relief can also be obtained in this case. If she is in any other state, she must raise an industrial dispute provided she is a workman within the meaning of that Act. Alternatively, she can approach the machinery under the MB Act as well.