Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Maternity Leave

Querist : Anonymous (Querist) 07 April 2018 This query is : Resolved 
Hi,
I stay in pune & I am 5months pregnant now, and the delivery date is on 07-Sept. I was about to apply maternity leave from 01-July so that I can travel to my hometown in Delhi, I have been working an Org since June-2017, 2months back when I told my HR and my manager that I am pregenent they had no issues but as I was nearing to start my Maternity leave they have put in Performance Improvement plan for 1month , and as said by them (HR & Manager) if failed to meet there expectation they MIGHT HAVE TO TAKE SOME ACTION, which clearly indicates that I will be asked to leave the Org.
I am not sure what should I do in this case, I am already feeling very depressed!!
Querist : Anonymous (Querist) 07 April 2018
Please advise
Siddharth Jain (Expert) 07 April 2018
Don't worry at all as you have remedy under law.
The Maternity Benefit Act states that "If any employer fails to pay any amount of maternity benefit to a woman entitled under the Act or discharges or dismisses such woman during or on account of her absence from work in accordance with the provisions of the Act, he shall be punishable with imprisonment which shall not be less than three months but which may extend to one year and with fine".
So, there is no need to be depressed.
Good Luck!

Regards,
Siddharth Jain, Advocate
siddharthjainlegal@gmail.com
Guest (Expert) 07 April 2018
Mere telling the HR won't work. Unless you give your employer a formal intimation about your pregnancy along with doctors certificate about your pregnancey, they can pretend that they were not in the knowledge of the incident of your pregnancy.

If not done till now, must do that now. In fact PIP is a tool of the management to terminate an employee on the pretext of inefficiency or indiscipline. After due intimation in writing, you may ask them to cancel the PIP order by attaching a certificate about your pregnancy by the doctor.

Must not forget, law provides protection only if evidence exists on observing prescribed formalities.

Querist : Anonymous (Querist) 07 April 2018
I have dropped an email to my HR, HR-Manager, and my direct Manager about my plans of taking Maternity leave. I case I am still being asked to leave after 1 month of my PIP stating my performance was not good, what should be my first approach?
Should I accept the same and put down my papers, what should I do?
P. Venu (Expert) 07 April 2018
As already suggested by the learned experts, you can resist any such attempts on valid legal grounds. Of course, this need not be an easy task;the choice is yours.

Perhaps, the facts posted suggests a good lesson to all the women employees. They should be cautious not indulge to in any loose talk with those in the management (esp. the so called HR),or even colleagues, about their pregnancy and impending availing of maternity leave before furnishing the formal intimation of the pregnancy duly supported by the medical certificate. and this should be at the earliest opportunity, once the pregnancy is confirmed; any procrastination could be taken advantage by the overzealous HR(?) and others in management.
Querist : Anonymous (Querist) 07 April 2018
Thank you experts for the responses really helps..
I will be going to Labour Court, Swargate,Pune on Monday along with my husband to seek more information/procedure/dos and Don'ts.

Any leads whom should I meet in the Labour Court to discuss this matter?
Dr J C Vashista (Expert) 08 April 2018
Instead of complicating your case (maternity leave) you may avail one month later i.e., after delivery, if you are not advised bed-rest by doctors.
Think of alternative.
Kumar Doab (Expert) 08 April 2018
The maternity benefit has to be supplied by establishment/employer without tantrums...
Kumar Doab (Expert) 08 April 2018
Hope you have the KRA's and performance record to contest PIP ...and copy of PIP sheet and PIP policy...


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