- This topic has 41 replies, 28 voices, and was last updated 1 year, 1 month ago by
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AMy wife joined a company on 1st April 2024. She informed her manager about IVF treatment to avail WFH for two months around 01 March 2025.
Immediately after this communication, the manager started demeaning her in front of the team for work. She had only 2-3 days leave for the treatment.On 01May 2025, she had her annual appraisal where her team lead and manager praised her work quality despite the ongoing treatment and also gave some feedback to improve upon. They asked her how much appraisal she is expecting – she responded with 30%. The manager said he will consult with the HR and get back.
Today her team lead messages her that she is being put on PIP. When my wife pressed her for the reasons since just yesterday there was positive review, she asked to talk to the manager. The manager has not responded to her calls yet.
My wife is 3 weeks pregnant right now. This has not been informed to the management as of now. We strongly believe this is all a ploy to avoid giving maternity leave benefits.My wife is very distressed right now – that too at a very critical time i.e first trimester. She has worked hard under pressure for last 2 months so that they are no deficiency in her deliverables.
What are our options here?
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BNAL
But i think she comes under protected category and cannot be fired …
Also please tell her not to take it seriously, jobs will come and go but taking stress during pregnancy can seriously affect your child …
All the best
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AThis is our general emotion till now – but the feeling of being cheated exists. Thanks for reaffirming.
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BI was put in PIP even after getting employee of the quarter just half a year ago.. i know the feeling when i handed in the resignation and noone other than the HR didn’t even respond ( working remotely)
It’s not easy to go through and gave me imposter syndrome in the new company and took a year to recover
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VHow did the manager figure out your wife is pregnant at 3 weeks unless the wife shared it upfront? Or with someone else in her workplace?
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VBack stabbed. I get it. I assume oversharing with work colleagues has its downsides. Ask her to take it up the chain if appraisal is held back. This falls under legal purview and HR would avoid it at all costs.
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RAgree, ask for explanations and copy all the way up. Senior most people in cc literally scares the s out of those acting wierd
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MMy cousin was on 6 months paid maternity leave, then she joined back and jumped to another company within a month. The poor company ended paying her for 7 months without anything in return. That’s a problem too, I understand the necessity to give maternity leave and pay but there must be some kind of commitment from the receiver too. You can just be on leave for X months without anything pay and then move to another company weeks after joining back.
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AWhere did you perceive lack of commitment or the intent to switch after maternity leave anywhere in the post? Infact on the contrary there has been extra effort to maintain the deliverables.
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MNot talking about you, stating one of the ways it’s misused leading to resentment among management. No amount like law can protect against unwritten hiring biases
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MHaha, this is the core reason and major hiring obstacle for woman. Any form of discussion into this is blocked by shaming and scaring away the initiators and even govt tries to work around it by enacting laws.
Do you think her manager has some personal enmity with her to treat her like this, it’s clearly this bias at play. Discussing more about it will bring out solutions, or you can just cancel anyone talking about it and continue in Delululand.
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RAdding as a lawyer.
Section 6 of the Maternity Benefit Act, 1961 requires a woman to give written notice to her employer of her intention to take maternity leave, specifying the date from which she will be absent.
– Until this notice is served, the employer is not legally bound to extend maternity benefits.
– Termination before such notice might not be treated as a violation of the Act.However, some high courts have held that even if formal notice wasn’t given, termination of a pregnant woman who was known to be pregnant could be deemed unlawful if:
– The employer had actual knowledge of the pregnancy, or
– The action of termination was taken to avoid liability under the Act.Example: If the woman was visibly pregnant or had medical records submitted informally (like sick leave due to pregnancy complications), courts may infer the employer’s awareness.
In terms of your options:
1. Your wife should send an email expressing what you have mentioned above (how the employer did have knowledge through team lead) and the fact that she does consider this entire process a ploy to not provide her maternity benefits in the future. Also mention that she will raise it up before concerned authorities (inspector appointed under the act) if this is not handled properly.
2. However she needs to be prepared that this will result in a conflict and she may be asked to leave irrespective.-
AThank you. She hadn’t informed the management yet about the pregnancy since it is still very early. Should we go ahead and inform them officially?
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RWhat it means is unless you cannot prove that any action like termination happened after the employer gained knowledge of pregnancy even implicitly, then the law wouldn’t be able to help you much.
So, at times the best action to do is to inform them formally as soon as you know and they can’t have bogus excuses.
For now, find proofs around the fact that some people in immediate hierarchy knew about the pregnancy before she was added to PIP, connect with a lawyer so that he can verify that proofs are enough evidence in court.
It could become difficult for you if the employer can prove that they put her on PIP before knowing of her pregnancy => vouching that her performance was not satisfactory before, so, they can probably take action.
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BIt’s heartbreaking to hear this kind of exploitation. Such miserable managers are unfortunately created and supported by this system..
Please gather all evidence before being cut out of the email and company portals.
Depending on whether you have the fight in you (both),
Consult IT employee help groups/women’s help groups in your city and get in touch with a labour lawyer. -
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PThis ,office is business business they will protect only their returns and means , they give jack shit for other things , and worst your colleagues are not family/friends , so sharing anything personal should come with high restraint if not , your words might be used as weapon against you.
Since you guys have gone through a lot why do you want to risk it with such demoralized persons ? If planning to fight this , protect yourself by file a complaint against the manager for harassment and manipulation ,let the company come with a solution for the same. Until then chill and do what basic is required , collect mail proofs and others that could come up as appreciation , take maternity benefits ,while returning come in with resignation letter citing this harassment. During the break prepare and try to get offers from a better company.
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NIt seems a lot of private companies will look for any reason to avoid giving maternity leave to female employees. I’m in the medical field and most corporate hospitals indirectly let their female doctors know that they can either go on unpaid leave or resign as their due date approaches. How on earth is this illegal practice so widespread?
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MBut the problem is with the Indian culture where the next company will be reluctant to take in a terminated employee, this is the only reason ppl fear termination.
Our economy has too much supply and too little demand, so an avg employee can’t even be truthful and can’t even lie, if more and more ppl start sharing their stories of success even after termination then it might change the perception. Our idiotic witch companies go one level above and include all this in bg check as if it were a revenge.
And BTW OP, so sorry for your situation.
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UI’m posting after the update. While I understand why you don’t wish to confront the company, your wife is protected under the Maternity Benefits Act.
Please see S. 12 (2) (a) of the Act. It states clearly that if they fire her during pregnancy, it shall not have the effect of depriving her of the benefit under the Act.
Basically she can claim 26 weeks worth of pay if they put her in PIP and then terminate.
[Maternity Benefit Act](https://www.indiacode.nic.in/bitstream/123456789/17115/1/maternity_benefit.pdf)
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