An employee who has been with the company for less than 80 days is found to be underperforming and is now pregnant. The management wants to terminate her employment due to her performance issues while she is still on probation. The HR manager asks for advice on how to handle the situation given that the employee is pregnant but has not met the eligibility criteria for maternity benefits under the law.

1. Submitted By-
Richa Goel (064)
Ashish Garg (050)
Bishan Singh (011)

3.  The employee who has joined the company for less than
80 days and has not been performing well since she
joined.
 During this period she is found pregnant and who is still
on probation period.
 Management is not happy with her performance and had
asked human resource manager to retrench her on the
basis of her performance.
 Please suggest the HR manager how he/she will going to
deal with this situation?

4. Probation -Probation is the duration (usually 3 - 6 months)
for an employee for which he will remain under
supervision of the company for his performance and work
culture. In this duration if his performance is not as
expected and promising, the company may not approve his
contract for further processing and he maybe asked to
leave the organization (the worst scenario).
Maternity – The period during pregnancy and shortly after
childbirth.

5.  Keeping in mind the current situation what would be
your action if you are the Hr manager of the XYZ
company?
 In your opinion company should keep her or terminate
her justify your answer?
 Does policies of company need some changes, justify?
 According to maternity act she is not eligible for
maternity leaves what will you do in this case?

7.  The Act was enacted to have uniform maternity benefit
provisions for all women employees.
 Extent- This act extended to whole of India.
 Object: (1) to provide for maternity benefit to women
employees; and (2) to regulate the employment of
women for certain periods before and after childbirth.

8.  Maximum period a woman is entitled to maternity benefit
shall be 12 weeks of which up to 6 weeks shall be before the
date of her expected delivery.
 If the woman dies during this period, the maternity benefit
shall be payable only for the days up to and including the day
of her death.
 A woman shall not be entitled to MB unless she has actually
worked in the establishment for a period of not less than 80
days in the 12 months immediately preceding the date of her
expected date of delivery

9.  Employer who fails to pay MB, or discharges or dismisses a
woman during her maternity leave, he shall be punishable
with imprisonment of minimum 3 months, maximum up to
one year, and fine of not less than Rs. 2000/- but maximum
up to Rs. 5000/-. If there are sufficient reasons, the court may
impose a sentence of lesser term or fine only in lieu of
imprisonment.
 Any other contravention – imprisonment up to one year; fine
up to Rs. 5000/- or both.

11.  If she is not performing well and she is into probation period
then she can be terminated.
 The procedure you can follow is; first you can issue an Show
cause notice to her and give her some time (7 days) so that
she can reply in writing the cause behind it.
If the cause given by her is justified then retain her or
otherwise issue a termination letter.

12.  you have kept some one in probation and her
performance is not satisfactory than you have to give
him a chance to improve and you have to issue letters
to him for her weaknesses.
 But in this case; it seems you are not much worried
about her performance but you are worried because
she is pregnant and on this basis you can not terminate
her services. Very sad approach on HR point of view.

13.  I think there is a need to rework on company's recruitment
process. This is really bad part of you as an HR person to
looking for terminating a pregnant women when she has just
joined the organization.
 This is not ethical practice. She should be helped and given a
chance to improve. Trust me if she is physically unfit to
perform well ,she will leave by herself and if she is not sincere
towards work then also she should be given a chance. There is
no point of terminating an employee just because she is
pregnant, no matter she is within probation or confirmed.

15.  Firstly see the circumstances why she is under performer ?
Don't make pregnancy period criteria for termination. And
you can terminate probationary after giving show
cause notice.
 Talk to her and find the problem with her performance If
really the problem is with the work then you can very well
Talk to her directly about the resignation not termination .
 You can tell her in positive sense that we are OK if you resign
with in a week also , just take care of your health because
health is more important then wealth . This gives the
employee a great strength rather then go in Bad mood or
disturbed situation which disturbs our business activity .


16.  Pregnancy has nothing to do with her performance during
Probation period. Build record before terminating her services
such issue warning letter ,create file memos, advisory memos
etc before termination.
 She can ask for leaves without pay for such period on
presenting medical certificates.
 Extend her probation period by 3 months Issue her a letter
that she will be under observation for xyz days if she doesn’t
show her good performance that company can take strict
action on it.

17.  Retrenchment is not the only solution which
is left with the any HR manager.
 Prepare new guidelines to deal with such
situation .
 Create proper work environment for women
employees.
 Understand the value of human, don’t always
consider them as a resource.