Hi, We have a female manager whose attendance has been consistently erratic, and now she has presented a pregnancy certificate while requesting to work from home. However, doubts have arisen regarding the authenticity of the certificate, given her past behavior. Considering her overall conduct, we're contemplating terminating her employment.
While she hasn't officially commenced maternity leave, her disclosure of pregnancy prompts us to explore the possibility of terminating her contract while providing maternity benefits. Are there legal considerations we should be aware of in this matter?
Thanks,
From India, Delhi
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20While she hasn't officially commenced maternity leave, her disclosure of pregnancy prompts us to explore the possibility of terminating her contract while providing maternity benefits. Are there legal considerations we should be aware of in this matter?
Thanks,
From India, Delhi
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Dear member,
Your post raises more questions in one's mind. Please confirm the following:
a) What is the length of service of the female employee? Did she join as a manager, or has she risen from a lower level to earn this designation?
b) If the attendance of the female employee was erratic, what actions did you take? Did you try to find out the causes of her absence? Did someone counsel her? Was she issued a written warning or show-cause notice for her absence?
c) In many companies, female employees are instructed to declare their pregnancy after the first trimester. If she has done so by submitting a valid certificate, why has it created doubt? To validate the authenticity of the certificate, why didn't your company arrange an independent medical examination from a certified gynecologist?
d) You wrote, "Considering her overall conduct, we're contemplating terminating her employment." Apart from unauthorized absence, what other misconduct did the female employee commit?
Final comments: Probably, your company's administration is biased against this female employee, and you have carried forward the bias to this forum. Biases or suspicions have no place in running the company's administration. While men may not notice, signs of pregnancy do not escape the attention of female employees. What do other female employees think? Additionally, the woman in question holds a managerial position. Managers are expected to behave responsibly, yet in the eyes of the company's administration, she is considered a shirker!
Some pregnant women suffer from severe morning sickness, impacting their work performance. Possibly, the female manager at your company falls into this category. I strongly recommend viewing this case with empathy. Celebrating the womanhood of women should not be limited to International Women's Day (8th of March). Understanding their needs, feelings, etc., is crucial every day!
Thanks,
Dinesh Divekar
P.S.: I have written my reply as a neutral observer. I neither support the employer nor the female employee.
From India, Bangalore
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Your post raises more questions in one's mind. Please confirm the following:
a) What is the length of service of the female employee? Did she join as a manager, or has she risen from a lower level to earn this designation?
b) If the attendance of the female employee was erratic, what actions did you take? Did you try to find out the causes of her absence? Did someone counsel her? Was she issued a written warning or show-cause notice for her absence?
c) In many companies, female employees are instructed to declare their pregnancy after the first trimester. If she has done so by submitting a valid certificate, why has it created doubt? To validate the authenticity of the certificate, why didn't your company arrange an independent medical examination from a certified gynecologist?
d) You wrote, "Considering her overall conduct, we're contemplating terminating her employment." Apart from unauthorized absence, what other misconduct did the female employee commit?
Final comments: Probably, your company's administration is biased against this female employee, and you have carried forward the bias to this forum. Biases or suspicions have no place in running the company's administration. While men may not notice, signs of pregnancy do not escape the attention of female employees. What do other female employees think? Additionally, the woman in question holds a managerial position. Managers are expected to behave responsibly, yet in the eyes of the company's administration, she is considered a shirker!
Some pregnant women suffer from severe morning sickness, impacting their work performance. Possibly, the female manager at your company falls into this category. I strongly recommend viewing this case with empathy. Celebrating the womanhood of women should not be limited to International Women's Day (8th of March). Understanding their needs, feelings, etc., is crucial every day!
Thanks,
Dinesh Divekar
P.S.: I have written my reply as a neutral observer. I neither support the employer nor the female employee.
From India, Bangalore
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Termination-emp loyment_563.pdf
Termination letter.doc