Addressing Maternity Benefits and Work Arrangements for an Employee Unable to Return to the Office

Hello Team,

I need advice on a specific situation that has left me uncertain about the appropriate course of action.

We have a female employee who has been with us for the past 1.8 months. She requested to work from home for a month, which we granted. During this time, she fell ill and found out that she is pregnant. Her doctors have advised her to rest and avoid traveling due to her early stage of pregnancy.

In response to her situation, we have extended her work from home arrangement. However, it seems increasingly unlikely that she will return to the office. She has discussed the possibility of continuing to work from home with her manager.

Our management team is seeking clarity on her future with the company, considering her inability to return to the office due to health reasons. We have been tasked with discussing her options with her, which include reporting to the office, traveling after some time, or transitioning to an off-payroll employment arrangement.

The complexity arises from her pregnancy. We are aware that she will likely apply for maternity leave in the coming months. If we propose an off-payroll setup, she would not be eligible for maternity leave benefits, which could potentially cause issues for the company.

I am unsure of how to handle this sensitive situation in a way that protects both the company and the employee's interests. I would greatly appreciate any advice or actionable steps you could provide. This situation is based in Gurugram, India.

Navigating this situation requires a careful balance between the employee's rights and the company's interests. Here are some steps to consider:

1. Understand the Legal Framework: Familiarize yourself with the Maternity Benefit Act, 1961, which applies to Gurugram, India. This act provides for paid maternity leave of 26 weeks to all women employees. It also prohibits the dismissal of a woman during her maternity leave.

2. Communicate Openly: Have an open and empathetic conversation with the employee. Understand her concerns and preferences. Discuss the options of working from home, returning to the office after some time, or transitioning to an off-payroll setup.

3. Evaluate the Options: If the employee prefers to continue working from home, evaluate whether her role allows for this in the long term. If she is open to returning to the office after some time, discuss a potential timeline.

4. Consider the Maternity Leave: If the employee chooses an off-payroll setup, she will not be eligible for maternity benefits. However, transitioning her to an off-payroll setup during her pregnancy could potentially be seen as discriminatory. It's crucial to handle this aspect carefully to avoid legal issues.

5. Consult a Legal Expert: Given the complexity of the situation, it might be beneficial to consult a legal expert to ensure that the company's actions are in line with labor laws.

6. Document Everything: Keep a record of all discussions and decisions. This will be useful in case of any disputes in the future.

Remember, it's crucial to ensure that the employee's rights are respected while also considering the company's operational needs.

If her roll does not permit working from home, obviously, you cannot grant work from home facility. At the same time, if her roll is such that the place of her working has no relevance, you can very well consider it. As long as the company is okay with the output or the results there is nothing wrong in extending work from home facility to her. At the same time, some functions, like work of a nurse, work of a quality control chemist or even R&D chemist etc cannot be performed sitting away from the office. The Maternity Benefits Act also does not make it obligatory to extend work from home facility to every woman employee. The Act only says that wherever it is possible, the employer should make arrangements for that.

You have already granted work from home facility to the employee. Now, if you find that the value addition or her output from working from home is not enough and in order to meet the targeted goals, her presence in the office is very much required, you can ask her to report to office and continue working from the office. Of course, she can avail maternity leave but the same can not be taken before 8 weeks from the expected date of delivery. That means approximately two months of leave shall only precede the date of delivery.

You can not put her under off roll because in order to bring her under some one else pay roll, basically you will have to terminate her relationship with the company. terminating a woman employee in order to avoid granting maternity benefits is illegal. Moreover, if she is moved to a third party rolls, she will any way lose the maternity benefits from that establishment because in order to get maternity benefits one should have at least 80 days service. Therefore, you should never think of any off pay roll set up. The only thing that you can do is to ask her to work from office till she can take maternity leave.