manohar_hr
13

Hello Seniors,
I have a Maternity case in our organisation. The employee will be on Maternity Leave from 15th Jan. We have six monthly appraisals. Her appraisal is in the month of Feb.
Seniors please do guide me how can I handle this situation.
One more query on the applicability of the Maternity Act. Is it compulsory to have at least 10 female employees to apply this Act?
Thanks in advance.

From India, Pune
kamesh333
186

You have to appriase the employee's performance for the time they worked hence better to complete the appraisal process of the concerned employee before Jan 15th.
For applicability of Maternity benefit act there is no rule of 10 female employees hence if the employee is not covered under ESI then the management need to extend the benefit to the employee under maternity benefit act.
Regards - kamesh

From India, Hyderabad
manohar_hr
13

Thanks Kamesh for your prompt reply. I am not able to get the sentence "if the employee is not covered under ESI then the management need to extend the benefit to the employee under maternity benefit act."
Our employee is not covered under the ESI act.

From India, Pune
pameena
Dear Manohar,
Nothing like that if the employee is confirmed employee she is eligible for the appraisal and it can be done with regular procedures, if the employees strength is 20 and above and if the gross salary is less than 15k then they will be covered under ESI ACT where they get maximum medical benefits.hope this is clear for you.
Tnks & Rgrds
Meenakshi.

From India, Madras
nagarjunahr
7

Dear Manohar ,
you can asses her performance for the period worked till her last working day.
you have to extend the maternity benefit if she does not come under the applicability of the provisions of ESI.
some situations which can not be avoidable / you can take the decisions on humanitarian grounds.
before the last working day of her , if her performance up to the work you can take that into consideration :-)

From India, Hyderabad
mmenterprises
2

You need to consult with your CEO or director for these type situations or you can also take decision on behalf of his performance. may god help you.
From India, Chandigarh
bagalerahul@yahoo.com
2

Dear Manohar,
If your organisation is not covered under ESIC, then employer has to pay maternity benefit for 84 days ( Six Week before & 6 weeks after ) along with medical bonus for delivery case.
Regards,
Rahul Bagale
9823 333366

From Korea
msnraju2005
1

Dear Seniors and colleagues,
I am having one quarry that, one of our employees (Project Affected People's - Land Loosers) has been expired due to decease. It is a normal death. We are having Workmen compensation policy for our project people. Can I cover the expired employee under workmen compensation policy or not? please give your valuable suggestion. Awaiting for your fast reply please.
M S N Raju

From India
phaniacp
6

Dear Raju,
workmen compensation act will applicable in following cases...
1) if the said person met with accident on work floor which leads to partial/permanent disablement or death
2) if he/she met with accident while comming to duties are on the way to home after duties.
for your case with my little knowledge i can say you need not cover him.
Refer to the act ... you will get more details

From India, Warangal
pameena
Dear Raju,
He is eligible whether death s natural or accidental and he is eligible for compensation benefits as per policy., as an employee he is eligible for the same , moreover hope ur org employees are covered under any insurance policy which could help his family.
Tnks & Rgrds
Meenakshi.

From India, Madras
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