Facing Job Loss Due to Pregnancy Complications: How Can I Protect Myself?

I am an employee of a private school that is run by a religious community. I was employed in the year 2020 on probation. Each year, the probation period is extended without giving any valid reason. Last year, before the end of the contract period, the principal had a discussion about making me permanent. However, as per the norm, the letter was not given in December because the contracts were given from January to December, as has always happened. I joined back in the month of February after the winter break and was given the letter "Extension of Probation," and the tenure is from 1st March 2023.

There was no mention of the month of February during which I had worked on all working days. The reason given for not making me permanent was that the COVID period wouldn't be counted. Now, I am pregnant and in my first trimester. I had bleeding last week and was advised complete bed rest by the doctor. When I took this concern to the principal, he approved only 2 days of leave, and I had to resume my duties, which led to bleeding again this week, twice, and I had to be rushed to the hospital.

Upon investigation, the doctor found some collection around the fetus and strictly advised absolute bed rest. Today, when this situation was discussed with the principal, he got riled up, was extremely rude, and blatantly said that if I take 2 weeks leave, then he will look for other options. At this time, when I cannot risk any kind of physical and mental stress, this situation has put me in a tight spot. I am completely baffled by the reaction and absolutely clueless about what to do. At this stage, when my medical expenses have escalated, I cannot afford to be jobless. Please guide me. What should I do?

Hi, primarily, your health and your baby's health are very important, rather than employment. You may find a new job. So, please do not stress yourself and jeopardize your health. The actions of your School Management are not ethical. They are breaching your contract to avoid continuing your service. I am not certain if you are covered under ESI. If you are, you can claim benefits through ESI, and your School Management need not worry about providing you with paid leave. If you are not covered under ESI, your employer needs to consider this, and if they refuse, you can contact the Labor Officer in your jurisdiction. Putting aside the issue with your employer, if you have any family mediclaim insurance, you can utilize it for delivery expenses.

Maternity Leave Entitlement

A woman employee is entitled to 26 weeks of paid maternity leave with salary if she has worked for at least 80 days (just 80 paid days) during the 12 months preceding the expected date of delivery. This is a right of every woman employee; probation, fixed-term contracts, and other service conditions are not applicable. Therefore, you can avail yourself of your maternity leave. According to the law, the maternity leave may be taken 8 weeks preceding the date or expected date of delivery. Any leave taken prior to this shall be at the management's prerogative, but harassing an employee or terminating her for being pregnant is beyond the law, and the school authorities will have to answer for it.

Please determine the expected date of delivery, count backwards, and apply for maternity leave accordingly. If you have physical or health issues related to pregnancy, you can certainly take your approved leave after making substitution arrangements. If the management refuses, you can approach the Labor Department and the Women's Cell.