How Should We Handle an Employee Requesting Maternity Leave Without Prior Notice?

Dear Seniors, we need your urgent suggestion. We have an employee who has been working with us for 3 years. She went on leave on 10th Sept without taking any permission nor giving any handover. On 17th Sept, she emailed me stating that she is 3 months pregnant and wants one month more leave and is inquiring about the maternity benefits she is eligible for. Now, after discussion with her Manager & HR Head, we have emailed her requesting to rejoin us within 1 week, come to the office regularly until 6 months, and then take Maternity Leave from the 7th month. However, she is not responding.

What should we do in such a case? Please guide.

Dear Neha Joshi,

Pregnancy and abandonment of employment are two different issues. The former need not have a bearing on the latter. Since the employee has stopped reporting for duties, send her a show-cause notice on why disciplinary action should not be initiated for her unauthorized absence. If she cites a reason for her pregnancy, then send her a second letter to submit a certificate from a certified gynecologist to prove that she is unable to attend her duties.

As of now, this is sufficient. Let us wait for her reply, and then further decisions can be taken.

By the way, how important is this employee? How was her performance? Does she have a unique skill set?

Thanks,

Dinesh Divekar

Dear Neha,

Please discuss with your HR head and ask the concerned manager of the employee to provide a complaint of unauthorized absence and incomplete work allotted in hard copy on September 11, 2021. Send her a show-cause notice on why disciplinary action should not be initiated for her unauthorized absence from duty and incomplete work if she does not resume as per your earlier memo. Do not mention the word 'pregnancy' in your letter as the employee has not submitted any application with proof of pregnancy. Your physical absence from duty without information indicates an abandonment of service at your own wish.

Thank you.

The suggestions given by seniors are absolutely right. Besides, has anyone visited her home (if she is in the station)? If so, being an HR professional, I suggest you visit her home and see how her health is. Has she been advised complete rest by the doctor? Tell her in good faith what she needs to comply with to avail maternity benefits. Extend a friendly hand to solve this issue.

I feel this is necessary since she has worked with your company for a considerable period (3 years!). Of course, sending her an official email about unauthorized leave, etc., will maintain your stand (which is necessary too). However, be thoughtful and tactful in how you proceed with this case.

All the best!