Termination-Pregnant Lady who is unfit to perform her job

Hello,

Please suggest by referring to the following grounds whether a company can terminate a pregnant woman:

1. As per the Maternity Benefit Act, legally she can avail leave for 26 weeks. Among the said 26 weeks, she can opt for leave of 8 weeks before delivery, and an additional one month leave in case of medical illness during pregnancy. So, as per my understanding, legally she can avail a maximum of 3 months leave before delivery (8 weeks(2 months) + 1 month for illness).

2. Also, as per the Maternity Benefit Act, a company cannot terminate a female employee who is pregnant.

Present Situation:

1. In our company, one lady is pregnant and currently she is in her 2.5 month of pregnancy.

2. She has already taken approximately 2 months of leave after she became pregnant, and her medical reports indicate that she is practically unfit to join her duty as she has a very high rate of blood pressure and is advised to take bed rest.

3. So, in such a condition, after allowing her a total of 3 months eligible leave before delivery as per the Maternity Benefit Act, she is not sure whether she can join after the leave or not.

4. Now, can the company terminate her? Please guide me on this matter.

High blood pressure during the period of conception is a common medical problem, and it typically resolves after delivery. Bed rest is advised during this period. Hopefully, she will be able to return to work after her maternity leave is exhausted. As she is currently unfit, she cannot be compelled to resume work, nor can you terminate her services.

You cannot terminate her. You cannot refuse to grant her leave for 26 weeks, of which 8 weeks' leave may precede the date of delivery. Normally, one month of additional leave is given for illness connected with pregnancy, childbirth, premature birth, or miscarriage of a child and is subject to the production of proof. Since there is no clause stating that one month of additional leave is given for complications arising from childbirth, it can be granted for miscarriage or any illness related to pregnancy. If you have medical practitioners ready to provide certificates supporting the illness, you cannot deny the leave. Essentially, the total leave will amount to 30 weeks, with additional leaves available in between. If you want to sustain the business, you have two choices. First, provide such extended leaves and anticipate that maternity leave may eventually extend to one year, as this amendment is likely to pass without opposition due to the belief that women deserve respect, and no political party will oppose it.

The second option is to either refuse employment to women or select those who have two or more children. I understand that by suggesting this, I might face backlash and even legal consequences, as the law is stringent in this regard. When the Maternity Benefit Act was on the brink of amendment, I predicted that it would lead to a significant decline in the employability of women. Many organizations have now realized that employing women results in a significant loss of man-hours. However, since the law mandates it, we find ourselves in a difficult position.

I have encountered situations where women are willing to work night shifts, undertake extensive travel, and meet clients at odd hours. Once employed, various excuses surface – such as the need for a male colleague to accompany them to meet clients or travel restrictions. Despite being equal in all respects and empowered, they claim not to require support. The decision rests with you. Never terminate an employee without valid reasons. If you observe excessive absences due to pregnancy, seek an explanation and take action accordingly. However, ensure her absence is not due to genuine reasons, and if it is, refrain from any punitive measures. It should be acknowledged that she is entitled to 30 weeks of leave without expectations during her pregnancy, and do not assume she will return to work immediately after maternity leave.

Dear Mihika,

Mr. Madhu T.K has provided a comprehensive description to help understand the matter. It is acknowledged that a pregnant employee cannot be terminated under the Maternity Benefit Act. However, there seems to be a consideration to terminate a pregnant woman due to her sickness, which is a consequential disorder of pregnancy. Such sickness is common among pregnant women and may lead to other complications as well. There have been cases where employees choose to leave their jobs for childcare responsibilities, and management has provided lump-sum payments.

I fail to see any justification for termination when the situation involves pregnancy and is protected under the Maternity Benefit Act.

Dear Madam,

In the given case, the lady employee is in the midst of Maternity Leave followed by an illness. She is yet to deliver, and doctors have not finally confirmed that she would be unable to resume. In this situation, is it not premature on your part even to contemplate action of termination based on hearsay?

Despite you yourself being a lady colleague, you are showing a lack of sensitivity towards the pregnant yet undelivered lady employee by not having enough patience for the situation to unfold to its natural point. It would be unjust to show haste in the contemplated action of termination when delivery is awaited, and her inability to resume duty post-delivery is yet unknown.

I think you should display more empathy and feelings towards the lady colleague rather than throwing her out of employment prematurely. Your approach should be to wait and watch and cross the bridge when you come to it, rather than jumping the gun.

Regards, Vinayak Nagarkar HR Consultant

Better option would be to give the full maternity and medical leave to the staff and allow her to go on loss of pay beyond that period.

If possible, she can be counseled to resign now and attempt to join after she becomes fit for the job.