The case of the pregnant employee: Ember's services with a consultancy was terminated after she became pregnant. She felt that the firm was unsympathetic towards its employees and fired them to avoid paying for their maternity leave.

By: Teik, Tan Chee
Publication: Today's Manager
Date: Monday, December 1 2008

[ILLUSTRATION OMITTED]

WHEN EMBER Seet, 27, joined Big Four Consultancy as an auditor, she was very happy in her work as the management was pro-family and the staff members worked as one happy family.

During the employment interview with the managing partner, Lim Ooi Keat, 48,

and manager, Ambrose de Souza, 40, she was assured that she would work five days a week and there was little overtime work.

"That's great," said Ember. "I have been married for two years and my husband and I plan to start a family."

Ambrose said: "You will fit well into our environment. We look after the interests of our employees. We help them in their career development. Why, we even have two days of paternity leave."

"Yes, the strength of our company is in its employees," said Ooi Keat. "We ensure that they get the best medical care, we pay for their recreation, and we take an interest in their family life. A worker who is happy at home will be very productive at work. Who can say that accountants have no heart? I think it's bankers who have no heart when it concerns money matters."

In her work, Ember had to be at the offices of the clients most of the time checking their financial records. Most of the time, she worked with a team of four or five auditors from her company and there was a lot to learn from her manager Ambrose.

Six months after joining Big Four, Ember became pregnant and requested Ambrose to give her some time off for regular health check-ups. Ambrose was supportive and suggested that her workload be reduced a little. He also assigned her to audit firms that have accounts that are less complex. She was very grateful to him for being so considerate.

Emergency Meeting

About three weeks later, Ooi Keat called an emergency meeting of the division. He revealed that the accounting firm had lost over five large clients and have taken on work in Indonesia and Thailand as replacement.

He said: "It's very competitive in this industry. Even with the new clients in Indonesia and Thailand, we won't be as profitable as before. We have no choice but to downsize. Many of you will have to travel frequently except those who are expecting. That includes myself. Your managers will let you know who will be affected by the downsizing by five o'clock today."

Ambrose was very apologetic when he gave Ember the pink slip that day. "I'm so sad that it had to be you and Augustine. I tried my best to retain both of you but I was overruled."

Ember was close to tears, she said: "I'm sure it's because of my pregnancy that I am a victim of the retrenchment. This company is supposed to be pro-family."

"Don't take it so badly," said Ambrose. Augustine and yourself were the last to join my department. It's a case of last-in-first-out. You'll be paid one month's salary in lieu of notice and an additional $500 as compensation."

"At this stage of pregnancy, who will employ me?" asked Ember. "I should have stayed with my previous employer. They will be more sympathetic."

When she reached home, she immediately checked the Ministry of Manpower, MOM, Web site about maternity leave. She learnt that under the Children Development Co-Savings Act, an employee is entitled to maternity benefits if the employee has worked for the employer for at least 180 days before the child's birth.

The government guidelines state: "An eligible female employee is entitled to absent herself from work for four weeks immediately be-fore and eight weeks immediately after delivery, totalling 12 weeks.

"An employer is prohibited from dismissing an employee who has taken maternity leave. However, this will not apply to the extended four weeks of maternity leave if it is taken flexibly over a period of time. An employer who does so will be liable to a fine and/or imprisonment.

"If a notice of dismissal is given without sufficient cause within three months of a female employee's confinement, the employer must pay her the maternity benefits that she would otherwise be eligible for.

"Employer cannot employ a female employee at any time during the four weeks immediately following her confinement. An employer cannot contract out the maternity benefit."

Questions to Ponder:

Have Ember's employment rights been violated? If so, can she take legal action against her employer? Was there a breach of contract?

Are there any ways that Ambrose can help Ember further? Should the MOM's maternity guidelines be improved?

Related Articles

  • Women are emotional?
  • A SMALL business entrepreneur told me this story. It seems she had hired a cleaning woman for her small office, to do light tasks, make her coffee, sweep the floors, etc. The cleaning woman was quite happy with her job ......
  • Mennybol az ember.
  • Anna Jokai. Mennybol az ember. Budapest. Belvarosi. 2000. 274 pages. 1,200 Ft. ISBN 963-9114-29-4. ANNA JOKAI IS A HIGHLY RESPECTED grande dame of Hungarian belles lettres, a cultural icon (her erstwhile presidency of the Hungarian Writers Union increased both her ......
  • Job hopping's success key for Gen X.
  • Byline: Rupa Jha Fresh breeze is coming in today's professional world in the form of Generation X, the face of modern management. They belong to the age group of 21-35 and you can identify them with their characteristic "always-on-the-go" attitude....
  • Who should pay?
  • I was very concerned by the article Maternity Leave--Who Pays? in the January issue. When was it decided that society, not parents, should bear the financial responsibility for having a child? Why are parents on leave after the birth of ......
  • Employer says N.Y. rejected bias claim.
  • Byline: Donna Boynton MILLVILLE - A New York-based computer software company has said that pending allegations of pregnancy discrimination filed with the Massachusetts Commission Against Discrimination by a Kempton Road woman were previously dismissed in New York state. Patricia Kane ......
  • What a difference a caring employer can make!
  • There was never any question in my mind that I would return to work full-time after my maternity leave. But when Caroline arrived, everything changed. First, she was diagnosed with Down syndrome. A week later, she contracted meningitis, which kept ......
  • Teacher assignments.
  • An elementary school teacher in Ontario taught French from 1997 until 2001, when she went on a maternity leave. When she returned to teaching in 2002, she was assigned to teach science. She was qualified to do so, but had ......
  • NL nurses leave, award denied.
  • The Newfoundland and Labrador courts overruled a decision by an arbitration board to apply a new maternity leave provision to a group of nurses who were already on leave. At the time, a new and more favourable leave arrangement was ......
  • Grateful for extended leave.
  • Thank you to everyone at the NSW Nurses' Association who has helped negotiate better working conditions for all members over the years. I am on unpaid maternity leave for 12 months and wanted to extend this by six months. I ......
  • EDITOR'S LETTER.
  • There will be lots of exciting new additions and changes to Geographical in the months ahead. Over the next six months I will be off on a journey of a different kind, taking maternity leave, and I am pleased to ......
  • Channeling the anger through mediation or litigation.
  • Virginia worked diligently a company for nearly 2 years. The company was bought up by a larger competitor. There is new management. One morning, Virginia arrives at work to receive a letter stating that her services are no longer required, ......
  • LETTERS.
  • Forgotten but Not Gone I contracted pertussis from an 11-year-old patient with an unusual cough on my last day of work at my pediatric practice before I went on maternity leave. I subsequently went into labor 6 days later and ......
  • Maternity Protection at Work.
  • Maternity Protection at Work Asian Women Workers Newsletter 2004;23(3) This issue of the newsletter deals with maternity protection at work, focusing on the International Labour Organisation's C183 Maternity Protection Convention of 2000. Taking each of the key elements in turn-scope, ......
  • Unity is everything: enrolled nurse Sharon Whitehead has been an ANF worksite representative since 1990. In 2004, she was inducted into the ANF SA Branch Hall of Fame.
  • 'I work as an enrolled nurse at Snowtown Hospital, in Lower North Health. I took on the role of ANF worksite representative when the nurse who was doing the job decided she didn't want the responsibility any longer. Years ago, ......

Related Topics