Pregnant and New at Work: What Challenges Might I Face Asking for Maternity Leave?

I have a question about obtaining maternity leave. I joined an organization without informing them about my pregnancy. What situations might I face when I reach out to management for maternity leave? Will I be terminated?

Pregnancy and Job Eligibility

In general, pregnancy is not a disqualification for a woman job aspirant unless there is an express stipulation based on the nature of the job, such as requiring strenuous physical training or immediate posting in a role that involves day-to-day long travel.

Disclosure of Pregnancy to Employer

However, when did the employer become aware of her pregnancy—before or after joining? Was there any question about pregnancy in the job application? If not, was any question asked during the job interview? If the answer to these questions is 'NO', there is no problem or question of suppression of material fact, even if the employer was aware of her pregnancy while applying for the job.

Maternity Benefit Eligibility

The essential qualification to claim maternity benefits under the Maternity Benefit Act, 1961, as per section 5(2), is that the woman should have actually worked in the establishment for a minimum of 80 days in the 12 months immediately preceding the date of her expected delivery. Therefore, whether a woman needs to inform her employer of her pregnancy before or after joining is immaterial.

Notice to Employer

The question of notice to the employer under section 6 of the Act arises only when the pregnant woman makes a claim for maternity and payment thereof. Subsections (3) and (6) of Section 6 provide for belated submission of such notice and entitlement to maternity benefits even in its absence.

Job Protection Under the Maternity Benefit Act

Therefore, the employer need not have any concern about terminating her when she approaches for maternity benefits due to the job protection granted to pregnant women under section 12 of the Maternity Benefit Act, 1961. It's advisable for her to give notice about her expected date of delivery now, with a certificate from a doctor, so that her employer can plan alternative arrangements to fill the leave vacancy.

It is not a problem, as long as you have not put in the minimum working days to avail of maternity leave. As long as there is no difficulty in fulfilling a project by distributing your work among your team in case you go on leave. As long as there is no difficulty in hiring a temp staff on an ad hoc basis to do your work. As long as there is no need to commute daily to your office. As long as you are a responsible worker knowing the pros and cons of the impact of your absence for several months soon after being hired.

So, do not suppress the fact. Disclose it voluntarily because an interviewer asking such questions at the time of the interview is not palatable.

Dear Madam, Your knowingly not informing the employer at the time of joining about your pregnancy is certainly not in good taste. The legal aspects of your entitlement to maternity leave now have been clarified by the learned colleagues.

But put yourself in the employer's shoes. You want to avail of maternity leave benefits immediately after a short stint. You will be unavailable for work for six months. While you may enjoy the legal right to maternity leave, the employer is called upon to face the hurdle.

I suggest that, to be fair to you and the employer, you express an apology for not informing about your pregnancy earlier and request to grant maternity leave by submitting the required documents as per the prescribed procedure.

You are protected against termination if you are eligible and have followed the procedure as laid down in the Maternity Benefit Act/Rules.

Regards, Vinayak Nagarkar HR and Employee Relations Consultant