Balancing Compassion and Business Needs: How to Support an Expecting Employee with Frequent Absences?

Dear All,

If a lady employee is expecting a child and is taking leave approximately every other day, how should we address this situation? She has been a confirmed employee and has been working for approximately one and a half years.

We are willing to provide her with advance leave until her delivery, but she is not utilizing it, causing both her clients and our organization to suffer significantly.

What suggestions do you have? Please share your views.

Seema Gupta

Hi Seema,

I would like to know a few things:

1. What does your leave policy say?
2. When is she due?
3. How many leave days does she have to her credit?
4. For how long has such absenteeism been happening?

Regards,
Harshad

Simple... chuck her out.

This happened in our organization as well. There was our receptionist who used to take holidays frequently. We explained our problem to her, but the routine continued. Finally, we issued her a termination email stating her last working day. Upon receipt of the termination email, she begged and asked for a chance. After that, she became more responsible.

Moral: Unless and until you take action, no one will change.

Dear Seema,

Greetings.

This issue is purely a personal problem of a lady employee. You have to counsel her about her frequent absenteeism and how it affects the company and her growth in this company. Also, keep her informed of the alternative solutions for her problem (either she can take leave for a sanctioned period or seek medical attention from a physician regarding her health condition).

Additionally, gather information about her interest in the organization as her behavior suggests she may be looking for a change. In this case, you will need to follow a different strategy.

Cheers,
Trisha
HR Professional

Dear Harshad,

Her due date is in June, but she has been irregular for the last six months. As a confirmed employee, she is entitled to all types of leaves such as C.L., E.L., etc. However, nothing is left in her leave account due to the excessive number of leaves she has taken.

Currently, she is taking unpaid leaves, excluding one paid leave which she is entitled to every month.

Seema Gupta

Hi,

A similar situation occurred in my previous office where the management decided to grant extended leave to a colleague without pay. She was not pleased with this arrangement as she preferred not to take leave other than the sanctioned (paid) maternity leave. Consequently, the management presented her with two options: either resign and return after delivery (due to the company's losses and potential work disruption) or accept the provided choice to go on leave.

I hope this clarifies the situation.

Dear Trisha,

She has not been performing well for the last few months. She has also been repeatedly made aware of this. However, the current situation is different. We cannot put too much pressure on her due to her health.

So, in this case, why should the organization bear losses?

Seema Gupta

Hi Seema,

This is a serious issue. Maybe this woman is thinking of availing the leaves after the delivery. Do you have anything in writing about the policies/rules an employee is to follow? Generally, the HR manual should have all the leaves, including maternity leave. But if yours is a flexible one without the policies, I suggest that you have a general discussion with this woman about what the problem is with her. Also, she needs to realize that the company cannot compromise the business because of her.

I suggest you warn her for the next time she takes undue leave or tell her that the days she takes leave will be counted in her maternity leave period. I hope you will get other suggestions from the forum members.

Regards,
Anuradha

Hi Seema,

In that case, you need to talk to her. If that doesn't work, then give her a warning letter. If it still doesn't improve, then terminate her. You also need to check the Maternity Benefit Act since you can't terminate a woman during her pregnancy leave. You can do it before she gives any kind of medical certificate or notice of leave. So just check the act before you take any action.

Regards,
Harshad

Based on the leave policy of your organization, you can take action, but always remember that you have to be gender-sensitive. We need to treat female employees differently.

If she has been performing in an outstanding way and you want to retain her, then these leaves can be tolerated. After all the leaves in her account are exhausted, you can put her on Leave Without Pay (LWP) until she takes maternity leave (if your organization has a maternity leave policy).

If she is not a good performer, you can give some strict feedback and document it, which will help you in recommending her termination in the future.

Regards,

Byomjeet Mishra

Dear Seema,

Please have a discussion with the female employee who is expecting a child. Find out the reasons for taking leave without informing the organization, even though they are willing to grant leave. After listening to her explanation, you may take appropriate action in her case.

With regards,
L. Kumar

Hi Seema,

While I appreciate the difficulties of women employees, one thing should be clear: one has to give priority to organizational interest since it ranks above personal interest. One should definitely resign when health does not permit continuing with the job. If reason does not prevail, it should be made to prevail by continuously harping on this issue.

Newton's First Law of Motion states: Every body in a state of rest or motion continues its state until some external force is applied. In the case of some human beings, the same law applies; simply change the wording to Everybody. Apply three tricks: SAAM, i.e., persuasion/counseling; DAAM, penalizing absence by cutting salary; DAND, i.e., penalty by downgrading rating; and BHED, i.e., sacking - by giving notice at each stage.

Anil Mulye

Hi,

This is the critical situation a company faces when such arises. Look, you are the HR and have to tackle the situation properly rather than giving a final decision (dynamite) to her. As said by one of our friends, it's true that what is the problem she is facing with her family life. Try to counsel her and get genuine feedback. Look, if she continues to do the same thing for a long period, no company would support her. If she does not have any problem as such from her family, then it depends on her to take a long leave or leave permanently. Because the company can't bear any losses due to her misbehavior. Think if it's your own company, what would you do?

Bye,
Sandeep
9848123095

Hi Seema,

Section 12 of the Maternity Benefit Act deals with dismissal during absence or pregnancy. As the dismissal of an employee during pregnancy involves legal complications, it would be better to counsel the employee effectively by explaining the consequences of her unauthorized absence.

If this approach is not fruitful, you can issue her a show cause notice for her habitual unauthorized absence. Issuing a show cause notice is not prohibited in the Act. This approach will definitely send a clear signal to the employee and will yield the expected result.

The soft copy of the relevant provision is attached for your ready reference.

Thanks & Regards,

Kalyan R
Manager - Personnel
Sundaram-Clayton Ltd
Brakes Division, Chennai
Mobile: 919840942232

Dear Harshad,

Her due date is in June, but she has been irregular for the last six months. As a confirmed employee, she is entitled to all types of leave such as C.L., E.L., etc., but nothing remains in her account due to the excess number of leaves she has taken.

Currently, she is taking unpaid leaves, excluding the one paid leave she is entitled to every month.

Seema Gupta

This indicates that there may be something causing her to forgo even her basic salary. Please gather information about the situation before making any decisions.

Take the necessary steps accordingly.

Hi Seema,

I very much agree with Mr. Harshad and would also like to add my suggestion that you can ask her doctor about the complications for which she is taking leave. Only then can you terminate her. Before terminating her, you should also know the month she is currently in. If she is nearly at 7 months, then you will not be able to terminate her.

So, do two things first before taking any action against her:

1. Confirm with her doctor about the complications.
2. Unofficially ask her about the current month of pregnancy.

I hope the above information will help you.

Regards,
Rahul

Seema,

Prepare a report on her absenteeism for the last six months and, based on that, issue her a warning letter. If she does not improve, issue her a show cause notice to which she has to reply in writing. After her reply, come up with a solution. Please check her appointment letter and/or the code of conduct/standing orders applicable to your organization. Build a case before taking any serious disciplinary action; otherwise, it may go against the principles of Natural Justice.

1. First, try to talk to her and make her understand.
2. Issue her a written warning.
3. Issue her a show cause notice.
4. Issue her a suspension letter.
5. Hold a domestic inquiry as the case may be.
6. Take the final action.

Regards,
NKT

Hi Seema,

As an HR professional, it is important to document employee issues in writing to ensure a strong case in the event of legal proceedings. Keep warning and explanation letters properly filed in the employee's personnel record, as verbal warnings alone are not sufficient and are not recommended.

Regardless of the employee's remaining leave balance, maintaining office discipline is crucial at all times. Failing to take decisive action may lead to other employees being encouraged to follow suit.

Regards,
Htareen

I would like to go with Trisha. Dude, we need to explain that if she is going for frequent leave, that will affect her during evaluation time and may also decrease the ML's or any other sanctioned leave. We can also counsel her and emphasize her importance. Since she is a confirmed employee, we can't give her direct counseling, but we can have discussions.

All the best,
Joey

I feel that you should speak to her and find a midway, maybe like some flexible working. If she stays nearby, then she may go home for some time, maybe during lunch hours, which is required. Come a little late and leave a little early. She will be convinced because if you give her 2 hours of flexibility, then she will try to adjust and won't prefer to take unpaid leave.

In such a situation, asking any female employee to leave will not be ethical. Even if you ask her to leave, she may claim maternity benefits, which will be a cost to the company.

For an old employee, it is always better to retain them by finding some solutions. She will be a very committed employee if she starts feeling that the company cares for her.

For a certain period, you may hire a junior employee for a similar position who will help her, which you will need once she goes on maternity leave.

You can also arrange a rest area in your organization where she can take a break if she is not feeling well. In such cases, for urgent work, she will be available.

I agree with Gujan, do whatever you can to make the employee feel comfortable. Try options like Pick and Drop from Home to Office, Giving extended hours of break time may work.

In my previous company, we had an employee who was pregnant. We used to take her every 15 days for a doctor checkup. The employees were really moved by it, and it caused tremendous overall change.

But tell me this, before this, was she a true contributor to the organization? What was her rating? Was she a worthy asset? If the problem is with her health, try to handle it smoothly. But if the problem is with her attitude:

- Counsel her - Not working
- Give a verbal warning - Not working
- Give a non-verbal warning - Not working
- Why are you still looking at the screen? You should have terminated her by now.

Regards,
Vasanth

Dear Seema,

As per the rules, she can avail of maternity leave for 12 weeks. In this case, she can take 6 weeks before and 6 weeks after, or all 12 weeks after her due date. No one can take action against it. However, for frequent absences, you can directly talk to her. After all, only women can understand women's problems, so be positive.

Regards,
Prashant

Hi,

I feel taking drastic action against an employee who is pregnant might psychologically affect the child, as the mother would be under pressure. Why don't you visit her residence along with one of your female staff members and try to find out the actual problem? Terminating her from the service is not a solution, in my opinion.

Please do give a surprise visit, meet her family, and find out the exact problem to solve it.

Hi,

Read all comments on this post. Friends, why can't we empathize and work out a realistic solution? Pregnancy is a journey for a woman, and obviously, this lady employee may not want to share what discomforts she is going through. There are days when one cannot get up from their bed. At least she informs she isn't coming to work.

I strongly suggest that some senior HR member should have a chat with her and gather what exactly is wrong. This is what I feel. You have to get down to the level of the employee and try to feel what she is going through. If it continues, ask for a medical certificate for the leaves she takes. Simple as this.

Fayeg

Chucking out the employee is easy, but is that the solution? Please understand that. Is this employee very valuable to the organization? Does this employee play a vital role in the project involved? Why is she not availing leave? Please clarify the reason. Sanction the leave and, if possible, offer the option to work from home. This decision should be made after a complete analysis of the project, considering the costs involved, the duration for project completion, etc.

To organize a counseling session to understand her present situation and take necessary countermeasures, consider the following aspects before proceeding:

1) Her employee lifetime value for the organization.
2) Her previous attendance history.
3) Her contributions to the company or the potential scope of her contributions in the future.
4) Adherence to the company policy.

Every employee is required to adhere to the policies set by the company. If she takes leave in accordance with the policy, then it is acceptable. However, when considering the viability of the company, it is important to show empathy towards the employee, especially as many female employees experience similar situations. This is an opportune time to cultivate employee loyalty, an area where companies invest significant resources and effort.

Dear Seema,

Please find below the memo stating the reasons for our concern. Additionally, I kindly request that you make note of the dates which constitute the alternative days. I would appreciate a reply within 24 hours of receiving this memo. Should the response not be satisfactory, a show cause notice will be issued.

If there is no improvement observed, a detailed explanation will be provided followed by a strong memo. It is essential to understand that if there is no progress in your performance, management may need to take stringent actions, including suspension from services.

An inquiry will be initiated as per the regulations, ensuring payment of 15 days' wages as required by law. The final decision will be based on the outcome of the domestic inquiry process.

Thank you for your attention to this matter.

Best Regards,
B. Ravi Murugan

Dear Seema,

In today's corporate world, for frequent absence from office, indiscipline, and unpunctuality, there is only one solution: ASK HER TO LEAVE THE ORGANIZATION.

Regards,
Ajay

Hi Seema,

I would suggest you look out for a backup, indicate her deviation, and issue her a memo. Let us wait and see her explanations. If she shows a callous attitude, explain that it will reflect on the organization's growth and take action.

Regards,
Rajeshwari

Hi Seema,

Anuradha is absolutely right in what she said, but the only issue is that maternity leave can be taken 6 weeks before the delivery date and 6 weeks after delivery. I suggest you speak to the lady firmly about her absenteeism. Everyone can understand the situation she is going through, but the company needs to move forward. It cannot depend on any one person.

Regards,
Rahul Verma

Hi friend,

Whether male or female, employees are viewed equally in the eyes of the employer, and discipline should be upheld consistently to maintain a positive work atmosphere in the office.

Therefore, review your leave policies, provide counseling, consider rejecting the leave request, implement loss of pay, issue a show-cause notice, conduct an inquiry, and mete out appropriate punishment in accordance with your standard operating procedures (SOPs).

Yagniah K

Hi, one more point. You mentioned that the female employee is an old and permanent employee. What if your actions upset her, especially if she has good relations with the top management of the company? The top management might then make life difficult for you, potentially leading to you leaving the job. It's just a thought. So, before deciding to terminate her, consider this: the rule of three suggests that whatever you do will come back to you threefold.

Hi Ravi,

Good view. It may be possible in practice. But Seema has to check this and decide.

About the Problem:
Talk to her personally for a while, as a friend, forgetting about the company rules, etc. Go to her house, talk to her hubby, his parents (if there are any), explain the situation, and listen to them. Feel their problem. Think for a while that you are in the same position. Think about those options (which you are going to implement on her) such that, what will be your reaction/situation if your company imposes them on you.

You try this, and definitely, your problem will be solved with no side effects. This is my personal opinion. Rest is up to you.

Regards,
VR Kadam

Dear All,

If a lady employee is expecting and taking leave every other day, how should we address this situation? She has been a confirmed employee for approximately one and a half years.

We are willing to approve her leave in advance until her delivery, but she is not utilizing them, causing inconvenience to her clients and our organization.

What do you suggest? Please share your views.

Seema Gupta

Well, the best approach, as you suggested, is to discuss the situation with her and encourage her to begin her maternity leave early. With only one and a half years of experience in the organization, it is essential to make her aware of the impact her irregular attendance is having on both her clients and the organization.

Regards

Hello Seema,

Have a counseling session with her. Tell her about the company policies and then help her understand and provide information on maternity leave. If necessary, also discuss the allocation of CL/SL/PL for the upcoming years.

From,
Praveen Kumar

In my opinion, the concerned should have a detailed talk with this lady and explain to her the negative effects her behavior is having on the customers and work in general. Moreover, I am not sure to what extent you can practice forced leave in this situation. At the end of the day, she has to take maternity leave regardless, so talk to her in detail, have her attendance record in front of her, discuss the client feedback with her, and document it all with clear instructions on what is expected from her.

Dear,

Please seek the assistance of a female counselor. Consider granting her one month of paid leave and then schedule a follow-up meeting with the company doctor. It would also be beneficial to cover her medical expenses; this gesture will demonstrate your understanding of the situation. It is important to remember that legal regulations may not adequately address the complexities of human relationships in this scenario.

With Regards,

V. Sounder Rajan

Email: rajanassociates@eth.net

Hi Seema,

One thing I cannot understand: you said that her due date is in June, and she is repeatedly taking leave for 6 months. Here is the logic: perhaps she is taking leave for some other purpose during this time. It's better to have a counsel with her and find out exactly what happened. Why haven't you taken steps before 3 months itself? In any case, just warn her twice, and on the third instance, I think you will have to make a tough decision. As an HR person, we shouldn't encourage this kind of attitude from an employee.

Regards,
Swetha

Seema,

It is high time that you act on some suggestions given by members and give feedback on implementation. Members will continue to provide suggestions, but what needs to be seen is whether your objective is being met or not. Now you have a variety of choices; take action on them. At least provide your opinion on what you intend to do despite all this discussion. There must be some meaning to this post.

Dear All Members,

Thank you all for your valuable suggestions. After going through all the suggestions, I discussed the problem with my colleague. She honestly admitted that she is taking too many leaves, which in turn is causing a loss to the company.

When I had a detailed discussion with her, she told me that her doctor suggested rest but due to some financial commitments, she is forced to come to the office.

We suggested a midway solution that she can work from her home until her health allows her to attend the office on a regular basis. She will be given a fixed percentage of whatever business she generates for the organization.

This way, her interest can be maintained, and the organization will not suffer any losses.

Once again, thank you all.

Regards,
Seema Gupta

Hi Seema,

Does your company have a work-from-home option? It might help both parties. Chucking people out is easy, but recruitment and training are expensive options. Work out alternative solutions with the person concerned. Lead her to accept the option. Yes, you will really have to convince her that the option is in her best interest.

Good Luck,
Parvathy

The HR Manager may find out the reasons for the absence and, if satisfied, permit her to take leave without pay.

It is not easy to terminate by giving a termination letter. You have to follow proper legal procedure.