Why Maternity Break is Unpleasant for some Employers?
After a long refreshing, Maternity Break, I have come up with a big
bang story collection.
As I was on a blissful break, let me start with a relating short
story about a girl staying lane next to my house, who got married couple of
years ago, was soon expected to be a happy mom after few months. Here comes the
turning Point of her Career, making a “loud tyre-tearing ear-splitting break”
which was un-expected and was not supposed to happen this way.
Meera, a well-educated working
professional finally decided to settle with her Mr. Right for the rest of her
life. No doubt, it was beyond her expectation that Mr. Right was not only her
right choice but he was more of her like. He was more mature, practical and literally
mastered in Emotional Quotient where he had firm grip on his emotions and never
failed in taking unbiased decision even in agony.
They were having very good time
together when on a beautiful morning Meera revealed her gestation to him. All
well and all set so far. Now comes the real challenge! Her career started
losing control of her growth not because she was expecting her baby but because
her employer started developing hatred for her during Meera’s gestation.
The “XYZ” company had appointed
Meera at a dignified post after several rounds of successful interviews much
before she got to know about her pregnancy. She was tirelessly working hard to
prove to be a good team leader by implementing core values of a good coach
towards her team members. Many incomplete tasks started turning good. Many
annoyed and unsatisfied clients gave the Company a second thought of restarting
with new assignments with her efforts. In short, all loopholes with internal
and external stakeholders were getting flawlessly plastered.
Before I continue, I would like to mention that Indian Maternity Benefit
Act, 1961, in a given scenario, allows any pregnant woman to not to reveal her
pregnancy even till ninth month to the employer. She still stays entitled for the
maternity benefit. There has to be a minimum association of 80 days with the
associated company.
The major roles and
responsibilities what Meera was playing at her office, made her take a firm and
wise decision of informing her employer about her pregnancy in the very
beginning; keeping two factors in mind: First, the much un-organized now streamlined
associates should not get scattered again and secondly, in her absence, i.e.,
during her 3 month maternity break, she can handover certain tasks to immediate
subordinate by still keeping decision making aspect in her hands.
But!! things were not accepted as
was supposed to be by her employer and they made her 7th & 8th
month much painful and forced Meera get into a beleaguered situation.
Let us get into the flashback to
re-connect to her present situation!
At her joining, one of the
clauses in her Service Agreement mentioned that Meera is not entitled for long
breaks for 18 months. It also said, during that time if Meera decides to resign
she will have to pay 3 month salary to her employer plus will have to serve 2
month notice (which was less likely to happen given the fact they will already
take her 3 month salary!). Please note, the Service Agreement had no provision
of Maternity Benefit. Moreover, at the time of her joining Meera was told that
coming Financial Year the same will be implemented.
Keeping this clause in mind,
Meera approached her employer and revealed her pregnancy and also mentioned her
trust on Company’s decision which could be mutually benefitted. Her employer’s
opening reaction was – “What!!?!! (with a frozen face as if any bad news was
communicated)”. Meera’s association had emotionally ended then and there seeing
that pale reaction. Still she continued working with a fear of losing money as
per the terms and conditions.
After a wait of 3 further months,
one morning her employers invited her over a personal discussion. The distressed officials gave her two
options:
1)
To
either end the association with the company where service agreement will be
nullified, OR,
2)
To continue
being an employee on 3 -4 months Maternity Leave without pay with a condition
to learn some required skills on mandatory basis which will be further classified
into her roles.
In any condition, they never wanted to talk
about her Maternity Benefit!
She obviously chose the second
option which was safe for her employment with a request to allow her to learn
required skills post she resumes office. Practically it would be difficult to
manage the new born along with a certification course in her first 3 month
maternity break. She again requested to discuss on the maternity benefit which
can be mutually discussed and simplified.
All her requests were denied and
she was forced to leave the organization with much humiliation and metal
harassment by her employer.
Meera was given the termination
letter without any notice in her 8th month of pregnancy with a
condition to sign the No Dues certificate with the employer.
By this time, Meera had skilled
herself into a warrior with only difference of fighting with Shastra and not
Astra.
She took her letters given by the
company and fearlessly denied signing the No Dues Letter. Her employers got
more frightened than getting furious, and out of fear, sent her a WARNING
LETTER through registered post which mentioned to either sign the NO DUES else
her association with the employer will be completely erased from their
employment list. More over the funniest aspect was a copy was sent to an
advocate to put her into fix. Each time they kept on misbehaving and harassing
the pregnant employee with their barbaric act even after her termination.
Struggling with these pressures
in her 8th month, Meera then decided to stand up and teach those
rascals a lesson. She filed a case on them in Labour Court. On each given date,
they sent inexperienced HR managers or other equally junior staff to deal with
the case. One of the HR executive even had the guts to defame her with an
allegation that Meera stole Company Data! While the fact was, at the time of submitting Company properties including
Data, Meera already had received confirming message from IT team.
How cruel such people could be?
They should actually be thrown out of the society!!! Without any base, such
false allegations started springing around to avoid paying Meera her Maternity
Benefits.
Meera’s hope became much stronger
when she birthed another warrior. She finally got justice in her 5th
month postpartum that too when a strict letter from PMO intervened that Labour
Officer to close the case without any further delay and not just keep hooking
the matter!
After much fight, she finally got
her 1-month Maternity Benefit and the remaining last month’s salary which those
bunch of idiots had stolen from her. Everything said, Meera was more relieved when
the Labour Officer blasted that employer in front of her and showed his actual
position!
This is how Meera had an
adventurous voyage all through her pregnancy which inspired me to pen the story
for you to read and understand such morons do live in this society and the irony
is, we have to live with them but now by showing them the actual mirror!
Thank you
Snigdha
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