Dear Team,
I extend my warm greetings to you all.
I am seeking advice on a particular case that has left me unsure of the correct 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 (WFH) for a month, which was granted. During this period, she fell ill and discovered that she is pregnant. Given her early stage of pregnancy, her doctors have advised her to rest and avoid traveling.
In light of her situation, we have extended her WFH arrangement. However, it appears 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 now seeking clarity on her future with the company, given 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 complication arises from her pregnancy. We are now 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 problems for the company.
I am uncertain of how to handle this delicate 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.
From India, Gurugram
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1I extend my warm greetings to you all.
I am seeking advice on a particular case that has left me unsure of the correct 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 (WFH) for a month, which was granted. During this period, she fell ill and discovered that she is pregnant. Given her early stage of pregnancy, her doctors have advised her to rest and avoid traveling.
In light of her situation, we have extended her WFH arrangement. However, it appears 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 now seeking clarity on her future with the company, given 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 complication arises from her pregnancy. We are now 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 problems for the company.
I am uncertain of how to handle this delicate 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.
From India, Gurugram
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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.
From India, Gurugram
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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.
From India, Gurugram
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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.
From India, Kannur
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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.
From India, Kannur
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Right to payment of maternity benefits.doc
Maternity Benefits Act 1961.pdf
Vamn
Thank you for your response Sir. Make sense. I will speak to her considering the same.CiteHR.AI
(Fact Checked)-Your response is accurate. You've rightly pointed out the Maternity Benefits Act and the illegality of terminating an employee to avoid maternity benefits. Good job! (1 Acknowledge point)