Forced to resign during pregnancy - company assuring to rehire after 6 months

My wife joined a reputed organization in August 2016 on a probation period of 6 months. After a few days, we came to know that she is pregnant. We informed the seniors on 1 November about the pregnancy. At that time, they assured us that there was no need to worry about job security as it was at 100%, and she could continue. Her probation period ended on 8 February 2017. At that time, the seniors informed her not to worry as they were processing her confirmation. However, they did not confirm her.

Yesterday, her reporting officer called and informed her that the organization was unable to manage resources in her absence, so they had to hire someone new. They indicated that after 6 months, they might consider rehiring her, indirectly suggesting that she resign. Moreover, rehiring would depend on the availability of a suitable position. Lastly, I would like to know if she is eligible for maternity benefits. Please suggest what steps to take. The main issue is that all communication has been verbal.

KD, it would be important to know whether she conceived prior to joining the organization. If yes, the organization would have a defense statement that her medical condition was not disclosed. Once I hear from you, I would be better placed to answer your question. Take care!

Sir, as she joined the company on 8th Aug, and we came to know this on 11th Aug. So, as per your question, she conceived before the joining date. But one can only know it after a specific period of time. If we know her medical condition, why did she join the company.

Maternity Benefit Act is applicable to your wife provided that there are 10 or more employees in the company and she had worked for at least 80 days in the company.

It is also illegal to terminate an employee when she is pregnant.

Since your wife was forced to resign (I assume that she won't be able to prove that directly), it is better to send another letter to the company under registered/speed post asking the company to consider the last letter of resignation as withdrawn as it was obtained under force and coercion. The time factor in this regard is very crucial, hence, if you want to act, act immediately without any delay.

As suggested by Ritesh Maity, please ask your wife not to submit her resignation under any circumstances. Instead, she should send an application informing the management about her pregnancy and requesting the Maternity Benefit as per the Act (Amended). Under no circumstances should she be terminated or have her application for Maternity Benefit rejected. Hiring new candidates on a temporary or permanent basis is not your responsibility.

She can only be terminated during her pregnancy for gross misconduct, which is something that most women do not typically engage in.

You have stated that you informed the management on 1st Nov. 2016 when you came to know just after 3 days of your joining i.e. 11th August. Why didn't you disclose and kept silent for 2 months & 20 days? Is there any specific reason? The management may be thinking that you were pregnant before your joining but didn't disclose because you wanted to join the company to claim maternity benefits. If the management is willing to rehire her after the delivery, what is the harm. At this moment, just think of your spouse and baby.

Regards,
Suresh

During pregnancy, the management cannot ask the employee to resign as per the existing law, and therefore the question of re-hiring does not arise.

V. Murali

There are two underlying issues here -

1. The date when pregnancy came to the knowledge of the employee and when it was informed to the employer. If the date of incidence is after joining the employment and there is evidence on record, say, a diagnosis report from the doctor, there is sufficient evidence to substantiate that the intent of the employee was good. Otherwise, it would become a case of 'hiding critical information' from the employer.

2. There would be a need for some communication from the employer, in writing, to prove that they have information about the pregnancy and they agreed to confirm the employee regardless of this fact. In the absence of both pieces of information, the employer has a strong footing to say that they were deceived by falsifying the facts.

Let's be fair to both parties and try to find concrete evidence for healthy communication between the two, instead of looking for a legal resort.

I also read somewhere that the employee had already resigned. Why is another question to be responded to with reasonable evidence. There should be written evidence to prove that the employer forced the employee to resign; otherwise, the claim of illegal termination will not be sustainable in court if such a need arises.

It does not matter whether she was pregnant at the time of joining or not. What matters is whether she has completed 80 days in service while proceeding on maternity leave. In your wife's case, she has completed 80 days and hence she is entitled to maternity leave. Tell her to fill up the required form for leave and submit the same and retain a copy. If they ask her to resign, tell her to ask for it in writing. She may also inform HR that as per the law, she is entitled to maternity leave and if forced to resign, then she will take it up with the statutory authorities. That will help HR to be a bit cautious.

Thank you all for your valuable suggestions and advice. She received the confirmation.