Dear Seniors,
Please advise on the protocol to be followed if a lady executive who recently joined yesterday discovers she is pregnant today. I am currently employed with an MNC FMCG Company where both my boss and colleague have left, leaving me solely responsible for managing operations nationwide. Your insights on this matter would be greatly appreciated.
Thank you.
From India, Mumbai
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Please advise on the protocol to be followed if a lady executive who recently joined yesterday discovers she is pregnant today. I am currently employed with an MNC FMCG Company where both my boss and colleague have left, leaving me solely responsible for managing operations nationwide. Your insights on this matter would be greatly appreciated.
Thank you.
From India, Mumbai
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Hi Sonal,
In my opinion, she can work until the time she can, and then if she wants to continue or leave, it is her decision. As the Maternity Benefit Act states, a woman shall be entitled to maternity benefit only if she has actually worked in an establishment of the employer for a period of not less than eighty days in the twelve months immediately preceding the date of her expected delivery (section-5[2]).
Discuss with her what she would like to do now. Would she be comfortable working or would she want to discontinue?
Regards,
Archna
From India, Delhi
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115In my opinion, she can work until the time she can, and then if she wants to continue or leave, it is her decision. As the Maternity Benefit Act states, a woman shall be entitled to maternity benefit only if she has actually worked in an establishment of the employer for a period of not less than eighty days in the twelve months immediately preceding the date of her expected delivery (section-5[2]).
Discuss with her what she would like to do now. Would she be comfortable working or would she want to discontinue?
Regards,
Archna
From India, Delhi
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Thank you so much, Bhaskar, for your valuable appreciation. I have mentioned my opinion, as this is what I feel and not mentioned in any book or law. Yes, of course, the section from the Maternity Benefit Act is mentioned for reference.
Regards,
Archna
From India, Delhi
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Regards,
Archna
From India, Delhi
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Dear Sonal,
If her health permits, why not? It also depends upon the nature of her work, which means what kind of job she is doing in the organization. If it involves too much physical activity, then she should seek advice from her doctor. If they permit, I don't see any reason why you should not allow her to work.
From India, Delhi
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If her health permits, why not? It also depends upon the nature of her work, which means what kind of job she is doing in the organization. If it involves too much physical activity, then she should seek advice from her doctor. If they permit, I don't see any reason why you should not allow her to work.
From India, Delhi
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Hi Sonal,
In this situation, first, you should check what kind of work she is going to do so that you come to know whether it is appropriate as per her condition. This is because, as you say, she just came to know about her pregnancy. However, you have to consider whether she will be able to work after a few months, like during her 3rd and 4th month of pregnancy. It is possible that she is willing to do her work right now, but if a few months pass, she may not continue. In that case, you will have to recruit another person for the same position, which can be a tough situation. A new comer or another person will need some time to understand everything.
Therefore, my opinion is that she can either take maternity leave now or she should be sure to continue with the job even after delivery.
Hope this can help you.
Regards,
Khwahish
From United States, Washington
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In this situation, first, you should check what kind of work she is going to do so that you come to know whether it is appropriate as per her condition. This is because, as you say, she just came to know about her pregnancy. However, you have to consider whether she will be able to work after a few months, like during her 3rd and 4th month of pregnancy. It is possible that she is willing to do her work right now, but if a few months pass, she may not continue. In that case, you will have to recruit another person for the same position, which can be a tough situation. A new comer or another person will need some time to understand everything.
Therefore, my opinion is that she can either take maternity leave now or she should be sure to continue with the job even after delivery.
Hope this can help you.
Regards,
Khwahish
From United States, Washington
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According to me, Archana Ji is correct, and the act also says the same. So, explain to the lady the fact and wait for her action. Oh, she has also joined recently, and if she takes leave, she would be on leave without pay. So, act accordingly.
From India, New Delhi
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From India, New Delhi
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If a female employee is expecting to conceive, which the employer comes to know only on the next day she joins:
As per the Maternity Benefit Act, every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence immediately preceding and including the day of her delivery and for the six weeks immediately following that day. Note: No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit for a period of not less than one hundred and sixty days in the twelve months immediately preceding the date of her expected delivery. Please calculate accordingly.
Praveen Kumar Voona
From India, Kochi
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As per the Maternity Benefit Act, every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence immediately preceding and including the day of her delivery and for the six weeks immediately following that day. Note: No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit for a period of not less than one hundred and sixty days in the twelve months immediately preceding the date of her expected delivery. Please calculate accordingly.
Praveen Kumar Voona
From India, Kochi
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Hi Praveen... Its 80 days in the twelve months immediately preceding the date of her expected salary. 160 days has been changed to 80 days. regards, Archna
From India, Delhi
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From India, Delhi
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Hi Sonal,
I would like to suggest that if a female employee finds out that she is pregnant and can continue her job without any issues, then she can. You also need to consider the type of work she is handling. According to the Maternity Benefits Act of 1961, no woman shall be entitled to maternity benefits unless she has actually worked in the employer's establishment for a period of not less than eighty days in the twelve months immediately preceding the expected delivery date.
Therefore, you need to assess whether she wants to continue the job long-term after delivery and if she can meet the conditions of the Maternity Benefits Act of 1961.
Thanks & Regards,
Sunil Sharma
V3S Group
Email: ssmbahr@gmail.com
From India, New Delhi
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I would like to suggest that if a female employee finds out that she is pregnant and can continue her job without any issues, then she can. You also need to consider the type of work she is handling. According to the Maternity Benefits Act of 1961, no woman shall be entitled to maternity benefits unless she has actually worked in the employer's establishment for a period of not less than eighty days in the twelve months immediately preceding the expected delivery date.
Therefore, you need to assess whether she wants to continue the job long-term after delivery and if she can meet the conditions of the Maternity Benefits Act of 1961.
Thanks & Regards,
Sunil Sharma
V3S Group
Email: ssmbahr@gmail.com
From India, New Delhi
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Medical Certificate Requirement During Recruitment
The ball is in her court during recruitment; you need to get a medical certificate. Since you did not do so, you are in a fix. Kindly tell her to get a certificate from a medical officer and extend her probation.
Regards
From India, Delhi
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The ball is in her court during recruitment; you need to get a medical certificate. Since you did not do so, you are in a fix. Kindly tell her to get a certificate from a medical officer and extend her probation.
Regards
From India, Delhi
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Creche under Maternity Benefit Act.pdf
Maternity Benefit Act.doc