Navigating Maternity Leave and Job Security While on the Bench: What Are My Options?

Hi everyone, I have been working in my company for the past 7 years, and next week, on March 1st, 2018, I will be released from the project. I am 1 month pregnant. Will HR assign me to projects? I also have some maternity-related complications, and the doctor told me I need to undergo major surgery concerning this and have bed rest. I have 40 PLs/CLs to my credit. Can I take these leaves during the bench period and then take LOP until my maternity leave starts (EDD is October 22, 2018)? Can the company terminate me while on the bench if I inform them about my pregnancy?

Having worked for 7 years, I don't think that a company will simply issue a termination letter, especially upon learning that the employee is pregnant.

Understanding 'Bench'

What do you mean by 'bench'? I don't know, but if you are referring to the situation where once your project is completed, you will have no further work and may become redundant, then the employer should make a decision to terminate those who are redundant based on a "last in, first out" criteria, rather than picking and choosing. Pregnancy should not be a factor in this process.

Thank you, Madhu, for responding to my query. After March 1, I won't have any work. If I inform HR about my pregnancy and complications, will they refrain from assigning me to any projects? Can I utilize my PLs/CLs and opt for sabbatical leave (LOP) until my maternity leave begins?

Using Leave Before Maternity Leave

You can use your available leave, and the rest of the days can be taken as leave without pay until you become eligible for maternity leave. Your maternity leave can start from 8 weeks before the EDD. Permitting an employee to take LOP and other leaves is solely a company policy or management prerogative and not a right of any employee. It is true that the employer will not terminate you once you inform them that you are pregnant, but they can refuse to grant leaves until you are eligible, which falls in the last week of August 2018.

Can they refuse leave despite medical proof?

Even if I provide medical proof and surgery-related documents, can they still refuse my leave? Since the company's condition is not good, some of my colleagues who are currently on the bench have been asked not to return after 60 days if they don't get a project and have been asked to resign.

Eligibility for maternity benefits

Can I avail of maternity benefits since I have worked for more than 80 days, making me eligible for maternity leave considering a 12-month period?

Concerns about informing the company

If I inform anyone, will no one take me, and can they ask me to resign? What do I need to do?

Eligibility for Maternity Leave

It is true that you are eligible for maternity leave, and there is no defense against that. However, as already stated, the employer has no legal obligation to grant you leave before the last week of August. Medical leave can be granted, but to what extent?

Redundancy and Termination

Redundancy is a valid reason for termination. Although a woman employee cannot be terminated during her pregnancy, it is important to be practical and find a solution. If you have been working for 7 or 8 years and believe this tenure should be considered before any action is taken against you, it is true that the company will not harm you. However, the company will adhere to the leave rules.

Considering a Break

At the same time, if you are willing to take a break for the time being, collect the gratuity, and then return once you are ready to resume work, it can be a win-win situation. Taking the lead in this decision is important. Otherwise, engaging in litigation will only waste your time, and ultimately, you may not be in the company's good books.

If your boss is supportive, you can explain the situation by asking for suggestions or approval of PL/CL's. You can take the leaves until you start taking ML. It's better if you know any female employee who took ML before you so that you can have some idea of how the management handles it.

Please always keep an email so that it will be a reference for any issues. Don't worry if the company terminates you; you can reach out to the LO and suggest what to do.

Are you still on the payroll of the organization? If so, you can avail your leaves.