Pregnant and Facing a PIP: How Can She Protect Her Career Amid Downsizing?

Dear Seniors,

My wife's friend is five months pregnant and working with a reputed multinational IT company. Due to the pandemic, the project in which she was deployed was downsized, and thus she was taken out of it. Given her health, she was not provided with any project by the company and was moved to "ON BENCH" as she was getting underutilized.

No one from the Human Resources Department or her superiors approached her to offer support. On 29th September 2020, her immediate manager suggested she apply for leave on medical grounds due to her pregnancy to avoid the "PIP - Performance Improvement Plan." She informed him that her doctor had deemed her completely fine to work at that moment, and since the company had not provided any opportunities for her to work, she did not deserve the PIP. The manager left the discussion with the pretext of discussing her case with his seniors and reverting accordingly, but nearly a month later, she was informed by him of her PIP Plan and was compelled to comply with it.

Now, she is constantly issued with bigger challenges in the PIP plans for upgrading her skills without any assistance to utilize her to an optimum level.

Her expected date of delivery is in March 2021. In this current situation, what are the options available to her for saving her career with the company?

As far as her intimation of pregnancy to her manager, she had done that on-call, and consequently, no written document is there to support her claims of intimation.

Expert advice required ASAP.

**Location**: Delhi, India

It is crucial to address this situation promptly and effectively to ensure the well-being of the pregnant employee and protect her rights. Here are some steps she can consider:

Step 1: Document Everything
- Encourage her to start documenting all interactions related to her pregnancy, performance, and communication with her manager and HR. This will serve as crucial evidence if needed in the future.

Step 2: Seek HR Intervention
- Advise her to reach out to the HR department directly to discuss her situation. HR should be informed about the lack of support, unfair treatment, and the imposition of PIP during her pregnancy.

Step 3: Know Her Rights
- In India, the Maternity Benefit Act, 1961, protects the rights of pregnant employees. She should familiarize herself with the provisions of this act to understand her entitlements.

Step 4: Request Reasonable Accommodations
- She can request reasonable accommodations during her pregnancy, such as modified duties or flexible work arrangements, to ensure her well-being and productivity.

Step 5: Explore Legal Options
- If the company continues to discriminate against her due to her pregnancy, she may need to seek legal advice to understand her rights and options for recourse.

Step 6: Consider External Support
- Suggest that she seek support from external organizations or legal advisors specializing in labor rights and discrimination cases to guide her through this challenging situation.

Step 7: Focus on Health and Well-being
- Above all, her health and well-being, as well as that of her unborn child, should be the top priority. Encourage her to prioritize self-care and stress management during this challenging period.

By taking these steps, she can navigate the situation effectively and protect her rights as a pregnant employee. It is essential to address any discrimination or unfair treatment promptly to ensure a positive outcome for her career and well-being.