Hi Guys, One of my ex-colleague reached out about a clause in the maternity act. She is 8months into her pregnancy and has been put in PIP and the HR management has informed that if the performance doesn't improve, they might terminate her employment. I checked the law and it is generally not allowed to dismiss anyone while on maternity leave. Can you help me with this ?

Dm'ing you

Thanks for asking Albus

As per Law, you cannot terminate a female in her maternity. @Shantanu Karnik It will be good to know your thoughts.

@Wristy I agree, Section 12 clearly defines that we can not dismiss during such leaves 1. Prohibition of dismissal: During the period of a woman's maternity leave, it is prohibited for an employer to terminate her employment on the grounds of her pregnancy or the fact that she has taken maternity leave. This protection applies regardless of the woman's performance or any disciplinary actions against her. 2. Protection beyond maternity leave: The prohibition on dismissal extends beyond the maternity leave period. It covers the entire duration in which the woman is entitled to maternity benefits under the act, which includes any additional period specified by the employer. 3. Return to work: After the completion of maternity leave, the woman has the right to resume her employment with the same or a comparable position, along with all the benefits and terms that would have accrued to her during the leave period. 4. Complaints and remedies: If an employer violates the provisions of the act by dismissing a woman during her maternity period, she has the right to file a complaint with the appropriate authority. The authority will investigate the matter and may order the employer to reinstate the woman and/or provide compensation for any losses incurred due to the dismissal.

Guys, the thing is she is not on her leave as of now and is still working. She will be going on leave from 1st June. She was out on PIP on 8th May and was given 30 days period to show improved performance. What could she can do in this case ?

From the time the female employee informs her employer of her pregnancy, the employer cannot fire her on performance grounds.

@Ashish Khare I just reconfirmed An employee can be put on notice of a performance improvement plan (PIP) due to a lack of performance if she is yet to go on maternity leave. The maternity leave provisions in the Maternity Benefit Act do not prevent an employer from addressing performance concerns or implementing performance improvement measures. However, her performance can not be evaluated during her leave period and she can not be terminated during the same Your colleague was put on PIP on 8th May, before Leave = Valid Maternity leave starts from 1st June = Valid Performance from 1st June to 8th June = Invalid and can not be considered Termination on 1st June or after = Invalid and can not be done since falls during Maternity Leave

Oh accha okay. Thanks for this

@Shantanu Karnik I have been in Ashish’s shoes. We had put an employee on PIP with a clause of termination in case of non performance during her 4th month (one month after she declared her pregnancy). She did not perform and after discussions we terminated her. She did a case against the company and won.

@Wristy Wow, this is helpful

Oh !! Thanks for sharing @Wristy I actually checked with a HC judge on this 😅 Need to inform them and take more insights Please ping me the case name if possible, would love to read the judgment summary and understand in detail

It is confidential in terms of company, and other details. I will be unable to share information.

Hi Ashish, though the law does not say anything on PIP before maternity leave, the woman stands a chance to win a case, as it can be shown as a fabricated move from the management. Also, her past record on performance is important here

@Shantanu Karnik @Wristy Thank you for sharing your valuable insights. I had a similar case from a female employees who was clearly told that you are not eligible for upcoming promotion since you are about to go on maternity leave & once she was back she was given the same reason that you were on mat hence we cant consider your promotion for this cycle. This has wasted her 2 promotion cycles. Her past records have been between top 2 ratings. Can this be taken up in the court?

@apurva dhuri in the given case, she may go to the court as she has been a top performer and going on maternity should not impact the promotion.

@apurva dhuri Under the Maternity Benefit Act, it is illegal for an employer to deny the employee a promotion or any other employment benefit solely on the basis of her pregnancy or maternity leave.. If the employee in your scenario has been denied promotions specifically because of her pregnancy and subsequent maternity leave, it could potentially be considered a violation of her rights under the Maternity Benefit Act. She may have grounds to file a complaint or take legal action against her employer for discrimination.

Thanks a lot, this really helps!

As per Law, you cannot terminate a female in her maternity.

@Shantanu Karnik and @Wristy So if I am to understand employer cant put any pregnant lady in PIP or terminate her before her maternity leaves .Right ?

@Shikha Raju As per law and the act you can put her on PIP before the start of maternity leave, You can not do so during the maternity leave There is no precedent set by the SC on this and hence if the case does go to court, verdict would be basis the facts and interpretation of the judge