I need advise ... one of my employees will soon adopt a child of 4 months. She is asking for maternity leave.
We need to support such actions but how much leave can we give. I find no such guidelines.
From India, Mumbai
We need to support such actions but how much leave can we give. I find no such guidelines.
From India, Mumbai
The Act does not provide for this If the Management wants to give you can extend in cases where there is a legal adoption. Quantum can be decided by you as there is no legal provision for this
50% of what the act provides could be a bench mark
Sivasankaran
From India, Chennai
36850% of what the act provides could be a bench mark
Sivasankaran
From India, Chennai
Hello,
I am with Sivasankaran on this.
Since the Act doesn't cover this situation--at least as of now--it's upto the company to decide the quantum. Though 50% could be a starting point, if the employee can be spared for the full duration of the legal eligibility as per the Act, why not give her the 100% leave quantum? In a way, though there could be a difference of opinion here, handling adopted kids is more tougher from various angles--to the extent I know of child psychology. And here the parents too would take time to get used to the kid.
In addition to the need-aspect of this situation, you could also look @ it from the HR-advantage point-of-view. I am sure it would set a good example to the employees about how HR in your company is flexible w.r.t. the Rules, rather than going just by the Rule-book.
All the Best.
Rgds,
TS
From India, Hyderabad
I am with Sivasankaran on this.
Since the Act doesn't cover this situation--at least as of now--it's upto the company to decide the quantum. Though 50% could be a starting point, if the employee can be spared for the full duration of the legal eligibility as per the Act, why not give her the 100% leave quantum? In a way, though there could be a difference of opinion here, handling adopted kids is more tougher from various angles--to the extent I know of child psychology. And here the parents too would take time to get used to the kid.
In addition to the need-aspect of this situation, you could also look @ it from the HR-advantage point-of-view. I am sure it would set a good example to the employees about how HR in your company is flexible w.r.t. the Rules, rather than going just by the Rule-book.
All the Best.
Rgds,
TS
From India, Hyderabad
The Maternity Bnefit Act does not provide for maternity leave for adoption of child as other members have already said.However, some establishment provide for adoption leave for adopting a child which should be legal. Thus the company as a special case may provide for 6 weeks leave to an employee from the date of adopting a child on submission of proper documents as an evidence of adoption. Since your objective is laudable, I trust itshould not be difficult to take a decison even on case to case to bais since these instancesare few and far between.
B.Saikumar
HR & Labour Law advisor
Mumbai
From India, Mumbai
B.Saikumar
HR & Labour Law advisor
Mumbai
From India, Mumbai
excerpt
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The issue didn't catch government's attention until its own employees underwent the hardship. The government, mulling a law making maternity leave mandatory for adoptive parents, has finally placed it before the state cabinet.
Last year, 10 of its employees went in for adoptions but had to avail of the annual leave to bond with the children. On May 31, 2007, the Centre issued a memo granting 135-day maternity leave for adoptive mothers. The state government is making a similar provision.
According to the adoption centres, most prospective parents prefer healthy babies below three years. The misconception is older children don't bond easily with the new family. According to child psychologist Dr Vijay Raman, mothers going for adoption definitely need maternity leave to bond with the child.
Chairperson of Adoption Co-ordinating Agency of Karnataka, Aloma Lobo, explains that even the leave in these cases is issued from the date of legalisation of adoption and not immediately after the arrival of the child. The legalisation takes more than six months and the children are handed over to the family on the basis of temporary foster-care agreement, pending the legal adoption. "So the adoption leave should be granted immediately on the arrival of child at home rather than waiting for the court papers. Mothers need more time to bond with the children. Some of the corporate and IT companies, which are sensitive to the issue, have already started giving 135 days of maternity leave for mothers going for adoption," she said.
Last year, 89 children - 29 male and 60 female - were given on adoption from the Adoption Co-ordinating Agency of Karnataka.
From India, Delhi
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The issue didn't catch government's attention until its own employees underwent the hardship. The government, mulling a law making maternity leave mandatory for adoptive parents, has finally placed it before the state cabinet.
Last year, 10 of its employees went in for adoptions but had to avail of the annual leave to bond with the children. On May 31, 2007, the Centre issued a memo granting 135-day maternity leave for adoptive mothers. The state government is making a similar provision.
According to the adoption centres, most prospective parents prefer healthy babies below three years. The misconception is older children don't bond easily with the new family. According to child psychologist Dr Vijay Raman, mothers going for adoption definitely need maternity leave to bond with the child.
Chairperson of Adoption Co-ordinating Agency of Karnataka, Aloma Lobo, explains that even the leave in these cases is issued from the date of legalisation of adoption and not immediately after the arrival of the child. The legalisation takes more than six months and the children are handed over to the family on the basis of temporary foster-care agreement, pending the legal adoption. "So the adoption leave should be granted immediately on the arrival of child at home rather than waiting for the court papers. Mothers need more time to bond with the children. Some of the corporate and IT companies, which are sensitive to the issue, have already started giving 135 days of maternity leave for mothers going for adoption," she said.
Last year, 89 children - 29 male and 60 female - were given on adoption from the Adoption Co-ordinating Agency of Karnataka.
From India, Delhi
Adoptive mothers who are Central Government employees become eligible to 180 days of maternity leave but, this is applicable only if they have less than two surviving children at the time of adoption and if she adopts a child who is below one year of age.
Also now male Central Government employees too are eligible for 15 days of paternity leave on adopting a child pursuant to same conditions as applicable to female employees.
From India, Delhi
Also now male Central Government employees too are eligible for 15 days of paternity leave on adopting a child pursuant to same conditions as applicable to female employees.
From India, Delhi
In a way such leaves as proposed by many above should get a legal nod from the Government so that the adoption of Child gets a boost. This will affect the society positively. The homeless children will get home of their own. The childless parents will be blessed as well. The Poverty, illiteracy and sufferings will be alleviated. what else you want from a forward looking Govt.
As far as Jaychau is concerned, he should allow benefits to the mother who adopted a child not anything less than what she should have got had she given birth to a baby herself. There is no statute to prevent you from providing better facilities mentioned on the book of law. As a modern HR outlook these will create better feeling amongst the employees.
From India, Haora
As far as Jaychau is concerned, he should allow benefits to the mother who adopted a child not anything less than what she should have got had she given birth to a baby herself. There is no statute to prevent you from providing better facilities mentioned on the book of law. As a modern HR outlook these will create better feeling amongst the employees.
From India, Haora
Hi,
I think there is no law towards the maternity benefit for the lady who adopt the child. But every HR should not go through the professional way only. As a part of society we have to think on humanity basis also not only for professional basis. The relation between them (mother & child) should develop by having the continuous touch with each other which can develop a child & mother relationship for ever.
We have to support this kind of maternity as a part of society that's it.
From India, Pune
I think there is no law towards the maternity benefit for the lady who adopt the child. But every HR should not go through the professional way only. As a part of society we have to think on humanity basis also not only for professional basis. The relation between them (mother & child) should develop by having the continuous touch with each other which can develop a child & mother relationship for ever.
We have to support this kind of maternity as a part of society that's it.
From India, Pune
I am a working mom, and adopted our daughter about 4 years back. As our office did not have the provision for maternity leave, I applied to the management and as a good will gesture it was approved. Now it a standing procedure in our company rules! Note, that I was also given the option of work from home for another one month.
The family set ups are changing and we cannot work by old standards alone. Adopted children need more time to adjust to their new families, trying to restrict the time a mother/father spends trying to get the child familiar with new surrounding based on 'rules' would be callous and disheartening.
From India, Madras
The family set ups are changing and we cannot work by old standards alone. Adopted children need more time to adjust to their new families, trying to restrict the time a mother/father spends trying to get the child familiar with new surrounding based on 'rules' would be callous and disheartening.
From India, Madras
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Creche under Maternity Benefit Act.pdf
MATERNITY BENEFIT ACT 2009.doc