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PerkyWalrus
PerkyWalrus
Stealth

Maternity and firing

Hi. Does anyone know if taking a sabbatical during pregnancy can lead to the company using this as a reason of non-performance to either fire the women or not provide her with the maternity leave benefits?

Context

  1. Company is aware that the person is pregnant
  2. Person in question has been with the company for 2+ years
  3. Past appraisal ratings have been 'Exceeds Expectations' or 'Meets Expectation'
  4. Sabbatical period could be 1-2 months. Maternity leave will not immediately start after the sabbatical
10mo ago
ZestyNarwhal
ZestyNarwhal
Meesho10mo

There was this person in my last company.

She joined in 2020. She went on first maternity leave in 2021. Came back and worked for awhile. She took 2 months sabbatical in 2023 Jul/Aug. She rejoined and announced she will go on maternity leave in March 2024.

And she was in a relatively senior position.

So technically she's a liability to the company but they couldn't do anything. She's still sticking around.

DancingTaco
DancingTaco
Flipkart10mo

I don’t see any problem here.

FuzzyMuffin
FuzzyMuffin
Stealth10mo

Legally they can't do anything. But may find ways to exit her.

Look at it from the company's perspective. Will she not be seen as a liability?

This is where we end up pushing the boundaries, no? How far the company needs to go. If it was just ML for 6 months, not an issue. Companies even allow for extensions if needed.

So I would be careful how much I'm asking for.

BouncyCupcake
BouncyCupcake
Stealth10mo

Companies can figure out several loopholes if they want to fire you.
Doesn’t matter how good of an employee you are / have been.

FuzzyMuffin
FuzzyMuffin
Stealth10mo

So she will go on sabbatical for a couple of months, come back, work for a while and then go on ML for 6 months?

PerkyWalrus
PerkyWalrus
Stealth10mo

Yes

SnoozyPotato
SnoozyPotato
Stealth10mo

Not a good idea, sabbatical + ML is the best way to go. Couple of months sabbatical you come back trying to get into the groove and then leave for maternity leave, anyone in the world knows the period in between if 1-3 months is buying time and getting paid. I would happily agree for 6 months unpaid sabbatical and 6 months ML but not 3 months sabbatical then 3 months work and then ML.

Its same as someone asking WFH on Thursday because Wednesday and Friday are official holidays, now tell will that person be really working on Thursday, I say no

DancingTaco
DancingTaco
Flipkart10mo

Person is in Flipkart I feel.

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