Facing Pressure to Resign During Probation Due to Pregnancy: What Are My Rights?

Hi, I'm associated with my current organization for three months. There is a six-month probation period in this company. A few days back, I found out that I'm one month pregnant. When I shared this news with my manager, he asked me to connect with HR, questioning how I could get pregnant during my probation period.

When I spoke with HR, she insisted that I resign and was very rude throughout the conversation. Following my gynecologist's recommendation, I took four weeks of work from home. Now, both HR and the manager are pressuring me to resign, citing concerns about future travel restrictions due to my pregnancy and the manager's preference for daily office attendance.

My role is entirely desktop-based, and the entire team works remotely. I only go to the office because I'm new and in probation. I didn't receive any written communication stating that WFH is not allowed during probation; it's the manager's policy.

My concern is whether they can terminate me now, perhaps by framing performance issues or extending my probation, considering there are still three months left in the probation period after learning about my pregnancy.

Work from home during probation

Giving you permission to work from home depends on management. During probation, no company would typically permit an employee to avail themselves of work-from-home facilities because probation is a period during which an employee needs to work with others, take inputs from managers regularly, and subject themselves to the evaluation of various attributes. Therefore, you cannot fight for the right to work from home.

Termination during pregnancy

During pregnancy, the employer cannot terminate an employee; that is true. However, it is not illegal if a probationer is dismissed from service without assigning any reason or giving any notice. If they simply terminate you 'without putting any reason,' you do not have any other option. Alternatively, you can get relieved and join another company after a break for delivery and child care. If you fight with the employer, you may lose your chance to get a better opportunity in the future. The maximum the labor law enforcing authorities can do for you is to stay the termination, quoting the relevant provisions of the Maternity Benefits Act, but the employer has the right to extend the probation to the extent of leaves taken by you. Once you have availed maternity leave, it is open to the employer to decide whether to keep you in service or not. If they terminate you after your maternity leave is over, how would you challenge the dismissal? Since a probationer can be terminated without following any protocols, there will be no choice. In such a scenario, you will not find a good opportunity because the reason for leaving service is termination, and no employer would accept it. Moreover, any background verification would fail because of the negative remarks about your involvement with the Labor Law Enforcing Officers.

Maternity Benefits Act and leave entitlement

Another aspect associated with entitlement to 26 weeks of leave is the Maternity Benefits Act, which states that to be entitled to benefits, the employee should have worked for 80 days in the 12 months preceding the (expected) date of delivery. There are two conditions: 12 months before the date of delivery and working 80 days during those 12 months. Working 80 days will be met anyway, but will you meet the 12 months of service before childbirth?