Seeking HR Community Advice: Managing Performance Issues During Pregnancy Disclosure**
We’ve encountered a sensitive situation and would appreciate your insights.
An employee has had a prolonged history of poor performance and conduct — including inattentiveness, repeated mistakes, unauthorized leaves, and providing false reasons for absences. Despite multiple verbal and written warnings over the past year, there was no improvement. A Performance Improvement Plan (PIP) was finally initiated after her reporting manager failed to act earlier.
Interestingly, immediately after being placed on the PIP, the employee disclosed that she is 3 months pregnant. Until this point, there had been no mention of her pregnancy.
We are now in a situation where:
The PIP was formally communicated before the pregnancy disclosure.
The organization has maintained documentation of prior warnings and absences.
Performance concerns are long-standing and well-documented.
Given the provisions under the Maternity Benefit Act and the need to avoid any perception of discrimination, we want to act cautiously and in full compliance with the law.
My questions to the community:
Can an organization continue with the PIP as planned during pregnancy, if it was initiated beforehand?
In case of continued non-performance, can the employee be legally terminated after the PIP period — assuming all documentation is robust?
What best practices or legal precautions should be followed to ensure fairness and compliance in such cases?
Looking forward to your expert views and experiences in handling similar situations.
Yes, an organization can continue with a Performance Improvement Plan (PIP) during pregnancy if it was initiated in good faith and prior to the pregnancy disclosure. The key point here is intent and timing. Since the PIP was communicated before the pregnancy was disclosed, and if it’s based on well-documented performance concerns, it is legally defensible.
However, the process should now be handled with extra sensitivity. Ensure that:
The objectives of the PIP remain reasonable and achievable, considering her health and any accommodations she may require.
There is no escalation or disciplinary action during maternity leave.
The focus is clearly on performance and not the pregnancy.
2. Termination After PIP — Legal Feasibility
Termination during pregnancy is highly sensitive under Indian law, particularly under the Maternity Benefit Act, 1961. While there is no blanket protection against termination, Section 12 of the Act prohibits dismissal during maternity leave and for reasons connected to pregnancy.
That said, if:
The PIP is unrelated to the pregnancy, and
The performance issues are extensively documented, and
The termination happens post-PIP, with a clear record of failure to meet agreed expectations,
then termination may be legally defensible, provided it’s not during maternity leave and due process is followed. It is strongly recommended to consult with legal counsel before proceeding to avoid risk of litigation or reputational harm.
3. Best Practices & Legal Safeguards
Maintain clear documentation: Keep all records of performance issues, warnings, and PIP milestones. This will protect against claims of bias or retaliation.
Seek an internal legal opinion: Especially before initiating any termination proceedings.
Ensure accommodations: Pregnancy-related needs (leave, lighter duties) should be supported during the PIP.
Avoid any perception of retaliation: Be transparent, empathetic, and consistent in communication.
Involve HR and legal in all formal interactions with the employee moving forward.
Termination due to poor performance must be well-documented, consistent, and follow due process. Termination due to maternity is illegal in most countries, as it violates labor laws protecting maternity rights. Employers must ensure compliance with employment and anti-discrimination laws.