Dear All,
We are a mid-sized manufacturing industry where we require employees' punctuality. One of our employees is 5 months pregnant. We have granted her a 15-minute concession for arriving at the office, and when she needs to attend her health check-ups, she is absent without informing her department.
Despite giving her verbal and written warnings, she has begun to take advantage of our concession by taking unnecessary leave and arriving late almost every day. According to maternity laws, we cannot terminate someone due to pregnancy-related issues, but this is significantly impacting our work.
Please suggest what measures should be taken in this kind of situation.
Please note: Salary deductions are carried out according to company policy, and she is aware of this.
Thank you.
From India, Pune
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6We are a mid-sized manufacturing industry where we require employees' punctuality. One of our employees is 5 months pregnant. We have granted her a 15-minute concession for arriving at the office, and when she needs to attend her health check-ups, she is absent without informing her department.
Despite giving her verbal and written warnings, she has begun to take advantage of our concession by taking unnecessary leave and arriving late almost every day. According to maternity laws, we cannot terminate someone due to pregnancy-related issues, but this is significantly impacting our work.
Please suggest what measures should be taken in this kind of situation.
Please note: Salary deductions are carried out according to company policy, and she is aware of this.
Thank you.
From India, Pune
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Dear Dipal, you have written that "As per the maternity law, we cannot sack someone because of a pregnancy issue." The Maternity Benefit Act does not condone indiscipline or unauthorized absence. You have been lenient with the woman employee as much as you could have been. However, if she starts taking you for a ride, then you need to show her place. Nevertheless, in light of her pregnancy, you need to have sufficient evidence for her termination. You may follow the regular procedure of conducting a domestic enquiry. In this enquiry, impose some penalty but let it come with a rider that any misconduct in the future will lead to severe disciplinary action.
If she does not mend her ways, then you may conduct a second domestic enquiry and terminate her services. If you follow the principles of natural justice, then you do not have to worry about termination pending her delivery.
There is one more solution. After the first domestic enquiry, counsel her to go on maternity leave. Before she proceeds on leave, tell her to hand over her complete charge of her duties and company property allotted to her. As she proceeds on leave a few weeks later, tell her that her services are no longer required, and the last day of her maternity leave would be her last working day.
Thanks,
Dinesh Divekar
From India, Bangalore
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If she does not mend her ways, then you may conduct a second domestic enquiry and terminate her services. If you follow the principles of natural justice, then you do not have to worry about termination pending her delivery.
There is one more solution. After the first domestic enquiry, counsel her to go on maternity leave. Before she proceeds on leave, tell her to hand over her complete charge of her duties and company property allotted to her. As she proceeds on leave a few weeks later, tell her that her services are no longer required, and the last day of her maternity leave would be her last working day.
Thanks,
Dinesh Divekar
From India, Bangalore
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