Hi All,
Greetings of the day !
I am facing the mentioned below circumstances in my company .
A female employee has joined us 19th May 2016 . Her pregnancy is due on 15th December 2016. She didn't informed HR department about this.
By accidentally,she told us that she is 4 months pregnant. As she was in probation period for 6 months, Management team takes feedback of every employee who is serves their probation.
After getting the feedback from her seniors, we got to know that her performance was not upto the mark as expected. Her rating was below average. In this direction, we intimated her that she needs to improve her performance as project got delay due to dependency of her work.
After telling her feedback, she was continuing her work as previously she was doing. Management team had discussion with her that company is ready to cooperate with her in every manner . That's why management has decided to give her maternity coverage by keeping her in mind.Although she has joined us.
In November, her supervisor told that we cannot continue with her as she has not improved her performance a bit. We need to allocate her project to some other colleagues.
HR asked her to resign but she put mail of her maternity leave of 3 months.
Now situation is like this, Company is crediting her 3 months salary but after this, what should we do in this regard?
If she comes back or not ? what document should we asked?
Kindly reply me ASAP.
Waiting for your reply guys.
From India, Delhi
12Greetings of the day !
I am facing the mentioned below circumstances in my company .
A female employee has joined us 19th May 2016 . Her pregnancy is due on 15th December 2016. She didn't informed HR department about this.
By accidentally,she told us that she is 4 months pregnant. As she was in probation period for 6 months, Management team takes feedback of every employee who is serves their probation.
After getting the feedback from her seniors, we got to know that her performance was not upto the mark as expected. Her rating was below average. In this direction, we intimated her that she needs to improve her performance as project got delay due to dependency of her work.
After telling her feedback, she was continuing her work as previously she was doing. Management team had discussion with her that company is ready to cooperate with her in every manner . That's why management has decided to give her maternity coverage by keeping her in mind.Although she has joined us.
In November, her supervisor told that we cannot continue with her as she has not improved her performance a bit. We need to allocate her project to some other colleagues.
HR asked her to resign but she put mail of her maternity leave of 3 months.
Now situation is like this, Company is crediting her 3 months salary but after this, what should we do in this regard?
If she comes back or not ? what document should we asked?
Kindly reply me ASAP.
Waiting for your reply guys.
From India, Delhi
Dear Swati,
Did management give any assurance to her about maternity leave ?
Performance and maternity leave are two different issues.
In case her performance is not up to mark and she is still on probation then dismiss her provided you have not already assured her of maternity leave in writing- even by email.
Regards,
Col.Rathi
From India, Delhi
Did management give any assurance to her about maternity leave ?
Performance and maternity leave are two different issues.
In case her performance is not up to mark and she is still on probation then dismiss her provided you have not already assured her of maternity leave in writing- even by email.
Regards,
Col.Rathi
From India, Delhi
Maternity benefit is her right. If you dismiss her when she has already intimated you about her pregnancy, she can go to court and get you prosecuted. The law does not state that she has to intimate you while joining that she is pregnant. It s assumed that you are an ethical employer who complies with the social security as legislated by law. You cannot hold this against her. Most supervisors do not want absenteeism on account of maternity issues, since the period is long and employees are prone to take leave even after the maternity period for caring for the new born. Hence, supervisors and managements try to come up with the issue of performance. The labour department and the courts are aware of this alibi. Hence, counsel the supervisor on these issues and grant her the maternity benefit.
From Indonesia, Jakarta
From Indonesia, Jakarta
Thanks for your valuable suggestion.
But its not the issue . Company is giving her all maternity benefits.
Query arises : what should have a course of action ? if managment doesn't want her to continue because of her performance (not upto the mark) in past and sometimes attitude problem also. when she will come back to join .
what will be the best way for processing this kind of issue?
From India, Delhi
But its not the issue . Company is giving her all maternity benefits.
Query arises : what should have a course of action ? if managment doesn't want her to continue because of her performance (not upto the mark) in past and sometimes attitude problem also. when she will come back to join .
what will be the best way for processing this kind of issue?
From India, Delhi
I also want to hughlight one point here . when she left, she was in probation period.
From India, Delhi
From India, Delhi
Dear Ms. Swati,
One thing is very clear that this is her maternity Benefit period , respected lady can not be terminated on Performance note at this moment as today is 14th Dec.16 and her EDD is 15th Dec.16.Please take performance feedback from HOD and build up documents that during her probation, same was not found satisfactory. As she was due for her confirmation on 18th Nov.2016, your company HR ought to issue a letter extending her probation period till 31st March.2017. Here, this is a lapse from HR side, as per my opinion. Now, on reporting back after maternity leave say in Feb.2017,your HR head should issue this letter and that way you will have afforded her an opportunity enough time to perform and if it is seen same behavior and performance better you can easily terminate her employment or before probation period that in Feb.-Mar. 2017.
Regds,
From India, Delhi
One thing is very clear that this is her maternity Benefit period , respected lady can not be terminated on Performance note at this moment as today is 14th Dec.16 and her EDD is 15th Dec.16.Please take performance feedback from HOD and build up documents that during her probation, same was not found satisfactory. As she was due for her confirmation on 18th Nov.2016, your company HR ought to issue a letter extending her probation period till 31st March.2017. Here, this is a lapse from HR side, as per my opinion. Now, on reporting back after maternity leave say in Feb.2017,your HR head should issue this letter and that way you will have afforded her an opportunity enough time to perform and if it is seen same behavior and performance better you can easily terminate her employment or before probation period that in Feb.-Mar. 2017.
Regds,
From India, Delhi
Fully agree with RDS Yadav issue her extension of probation period for further 6 month and upon her joining, if you does not see any change in her behavior or performance you have full right to terminate her service.
From India, Ahmadabad
From India, Ahmadabad
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