Pregnancy and Job Security: Can Employers Deny Maternity Benefits to Low Performers?

My employer gave me a low rating after three months in the system and decided to put me on a Performance Improvement Plan (PIP). At the same time, I informed them of my pregnancy news. Instead of initiating the PIP, he gave me three months to find another job in the market. After this period, I refused to resign, and now he is denying me maternity benefits, citing it as unfair for organizations to provide such benefits to low performers. He initially wanted me to leave within three months, but I later backed out. Currently, he is pressuring me to summarize our reasons and discussions via email as there are no existing records of our communication.

In this situation, it is crucial to understand your rights and legal protections as a pregnant employee in Delhi, India. Denying maternity benefits to a pregnant employee based on performance issues can be discriminatory and against the law. Here are some steps you can take:

1. Review Applicable Laws: Familiarize yourself with the Maternity Benefit Act and other relevant labor laws in India that protect the rights of pregnant employees.

2. Document Everything: Keep a detailed record of all communications with your employer, including emails, messages, and any written agreements or policies related to your maternity benefits.

3. Seek Legal Advice: Consider consulting with a labor lawyer or a legal advisor specializing in employment law to understand your rights and options in this situation.

4. Raise a Formal Complaint: If you believe you are being discriminated against due to your pregnancy, consider raising a formal complaint with the appropriate authorities or labor department.

5. Negotiate Amicably: Try to have a constructive conversation with your employer to address the issue and seek a resolution that is fair and compliant with the law.

6. Explore External Support: Reach out to HR consultants or organizations that provide support to pregnant employees facing workplace discrimination.

7. Stay Informed: Stay updated on your rights as a pregnant employee and be proactive in seeking assistance if you encounter any challenges related to maternity benefits.

Remember, as a pregnant employee, you are entitled to certain protections and benefits under the law, and it is important to advocate for your rights in a professional and assertive manner.