Pregnant and Put on a PIP Twice: How Should I Handle This Unfair Situation?

I am working in an organization and informed my manager about my pregnancy. Immediately, he put me into a PIP for a month, but later he did not even review my performance for four months. After four months, he put me into a PIP again when I turned six months pregnant. Please let me know what I can do in this situation.

Dear member,

It is unfortunate to note the challenges you are facing in your company. However, while writing the post, you have not provided certain information. Please confirm the following:

a) For how many months or years have you been working in the current company, and what is your designation? What is the nature of the industry?

b) How many subordinates report to you? Please note this question is important to ascertain whether the provisions of the Industrial Dispute Act apply to you.

c) How did you inform your pregnancy to your manager? Did you keep HR in the loop of information?

d) Did the performance appraisal (PA) take place when you were put under a Performance Improvement Plan (PIP) for the first time?

e) Did you seek clarification from your manager for putting you under PIP? If yes, what kind of communication was it? Did you write an email to him?

f) By chance, if the manager was unresponsive, then did you escalate the matter? If yes, then to which level?

g) We need replies to questions (e) and (f) when you are put under the PIP for the second time. Please provide answers to both points.

h) Otherwise, how were your relations with the manager? Is it that you were in bad books with the manager, and he is using your pregnancy as an opportunity to get rid of you?

i) When the events unfolded, did you approach the HR department? What is their take?

Final comments: Unless we get complete information, it will not be advisable for us to recommend a further course of action. However, please note that if you have not informed the HR Department about your pregnancy, then please do so. Obtain the certificate from a certified gynecologist that states the expected date of delivery, scan the copy, and send it by email. Secondly, do not take tension; the Maternity Benefits Act protects your eligibility for maternity leave. However, it may not be smooth sailing. You may have to struggle or put up strenuous efforts. So please be prepared for it. Lastly, if you are ready to "run the gauntlet," then extra-organizational remedies are available. However, I am not recommending those at this stage as you could bog down because of the information overload. Provide the answers to the questions asked, then we will see what to do further.

Thanks,

Dinesh Divekar

Dear Member,

Greetings. As you have clearly stated that you are 6 months pregnant during your second PIP, you can claim your maternity leave and discuss with your HR about your health conditions. You can make it mutual or attend the PIP online.

If your first PIP performance was not reviewed, ask your HR for the review report via mail. If there is no response, you can contact the District Labour department where officials can assist you in this matter.

If you are unsure whom to contact, please write here, and I will guide you through.

Performance Improvement Plan and Maternity Benefits

There is no need to review the performance. Let the employer keep you under a PIP. It will not impact your right to receive maternity benefits under the Maternity Benefits Act. If the employer is thinking of dismissing you from service following the provision of section 12(2)(a) of the Act, he is wrong. The said provision only states that the dismissal of a woman employee for gross misconduct shall not have the effect of 12(2)(a). Placing an employee under a PIP does not fall under the scope of gross misconduct. Therefore, the employer cannot refuse to provide maternity benefits on the grounds of poor performance.

We have judgments supporting that maternity benefits should be extended to a woman employee whose contract of employment (term of contract) has expired during the leave period. In Dr. Kavita Yadav v. The Secretary, Ministry of Health and Family Welfare Department & Ors, the Supreme Court stated that refusal of maternity benefits on the grounds that the employee ceased to be an employee due to the expiry of the contract period will be deemed as dismissal from service, depriving the employee of maternity benefits. Therefore, the employer can place you under a PIP but cannot dismiss you from service. If dismissed, you should be given a salary equivalent to 26 weeks and the medical bonus as required under the Act.

Know Your Rights as a Working Woman

Every working woman should be aware of her rights under various laws to avoid unnecessary harassment. The manager under whom you are working is not the authority to inform about your pregnancy. Your manager played a dubious role in obtaining information about your pregnancy and put you on a performance improvement plan (PIP) to jeopardize your career.

Now, send the information about your pregnancy and expected date of delivery (DOD) to HR along with the medical reports via email, including everyone you consider vital for the case. Also, address the PIP issue if you were not informed about your performance before your pregnancy disclosure.

According to the Maternity Benefit Act (MB Act) in India, a woman should notify her employer about her pregnancy at least eight weeks before her expected delivery date to claim maternity leave. Stay cool and calm during this pregnancy period.

Understanding Your Rights During Pregnancy

Every working woman should know her rights sanctioned under various laws to avoid unnecessary harassment. The manager under whom you are working is not the authority to inform about your pregnancy. Your manager played a dubious role in obtaining information about your pregnancy and put you on a Performance Improvement Plan (PIP) to jeopardize your career.

Now, you should send the information of your pregnancy and expected Date of Delivery (DOD) to HR with the medical reports via email, including all individuals you consider vital for the case. Also, raise concerns regarding the PIP if you were not informed about your performance prior to sharing your pregnancy information.

Maternity Benefit Act in India

According to the Maternity Benefit Act (MB Act) in India, a woman should inform her employer about her pregnancy at least eight weeks before her expected delivery date to claim maternity leave. Stay calm and composed during this pregnancy period.

Dear Friends,

Though the Maternity Benefit Act applies to all female employees, whether married or unmarried, the act lays down certain criteria, like the minimum period of service and whether the employee is covered under the ESI Act. Whether it is your first, second, or third pregnancy, you are eligible for benefits for up to two children, as per the Act.

You have to follow the state act where you are working. If you don't get the remedy from your organization, you can approach the Labour Commissioner of your state and file a petition. Maternity leave can be split into before and after delivery or solely after delivery.

The sad thing is that few organizations are granting Maternity Benefit Act benefits to their female employees regardless of their position. Only people covered under ESI and with a minimum of one year of service in that organization are enjoying the benefits. Wishing you all the very best for a safe and healthy delivery.