Terminating a Pregnant Employee: Do You Have a Suitable Letter Template?

Hi, unfortunately, we are terminating the employment of a female staff member who is four months pregnant. Does anyone have a termination or end-of-service letter template for this situation?

Regards, Himanshu

Dear Himanshu Saxena,

You have raised a query about terminating the services of a 4-month pregnant employee. However, you have not mentioned why you wish to do it, the length of the service of the woman employee, etc. If poor performance is the cause of termination, then did you issue her warnings about her poor performance, and if issued, then how did you issue them?

Please provide us with a complete background of the case. Opinions cannot be provided for a one-sentence post.

Thanks,

Dinesh Divekar

She has asked for her annual leave (not maternity) due to complications in her pregnancy. The department/division is unable to grant this request as she has already exhausted all her leave entitlements.

Hence, the division/department has decided to terminate her contract.

Ask the employee to resign from her position but assure her that you will pay a compassionate amount above and beyond the notice period. Alternatively, offer to relieve her of her job by providing the notice pay as per the terms of her appointment.

In my opinion, you cannot terminate a woman when she is pregnant. I presume that she is outside the purview of ESI coverage.

In such a case, the only option you will have is to give her Maternity Leave with pay. You can seek her resignation only after she rejoins employment after the completion of her Maternity Leave.

Regards,
MVK

Ending or termination during a pregnancy can be really troublesome for you as an HR professional. Provisions of the Act, if invoked, will favor the employee. Have you received the intimation, etc., in the prescribed forms as per the MB Act? Please try to treat the case compassionately; after all, a pregnant woman will have no choice but to abide by the medical advice. Talk to her in a manner befitting the circumstances, and see whether you can find an amicable solution mutually agreeable. Coercive steps are the least desired.

Maternity Benefit Act and Employment Termination

The Maternity Benefit Act clearly states that you cannot terminate the services of a pregnant woman who has worked for more than 80 days during the period leading up to her delivery. Doing so could lead to legal trouble, including significant costs and penalties.

Unpaid Leave Provisions

The Act also allows her to take unpaid leave if her earned leave is exhausted before she takes maternity leave. You need to allow her to continue her employment until she rejoins after delivery.