Hi, Can any one let me know the law and under what is section can company take a step against the employee who extends the maternity leave and has not joined the company ? Thanks, Ashu
From India, Mumbai
From India, Mumbai
167
Dear Ashu
As per the Maternity Act we can't terminate her services. If she wants to extend leave for further she has to produce evidence of medical certificate, after she can can apply for Previlage Leave and not a sick leave.
Manoj S.Kharde
From Singapore, Singapore
As per the Maternity Act we can't terminate her services. If she wants to extend leave for further she has to produce evidence of medical certificate, after she can can apply for Previlage Leave and not a sick leave.
Manoj S.Kharde
From Singapore, Singapore
Under maternity benifit Act,1961 --A women suffering from illness arising out of pregnancy or delivery shall on production of such proof, be entitled, in addition to the period of absence allowed to her to leave with wages at the rate of maternity benifit for a maximum period of one month.so if you produce medical certificate of gynaecologist/physician supported by lab report(only for illness arising out of pregnancy---(anemia,ephsiotomy wound infection,lscs wound infection etc.) you can get extention of one month.
Dr. Sanjay Rana
Occupational Health Physician
From India, Ahmadabad
Dr. Sanjay Rana
Occupational Health Physician
From India, Ahmadabad
Dear Ashu,
Maternity leave is a benefit given by the organization to the employee and regulated by the government as a law which is to be followed. As a HR, please act with humanity first. The HR job is not that of a butcher, cutting down people for wimps and fancies of the management. Focus more on people orientation and people strengths.
Thanks Dr. Sanjay for the explanation. Hope you understand.
Roopa
From India, Madras
Maternity leave is a benefit given by the organization to the employee and regulated by the government as a law which is to be followed. As a HR, please act with humanity first. The HR job is not that of a butcher, cutting down people for wimps and fancies of the management. Focus more on people orientation and people strengths.
Thanks Dr. Sanjay for the explanation. Hope you understand.
Roopa
From India, Madras
Point No.1: There is nothing unclear or wrong on part of Ashu's question reg any employee extending her ML . It is very clear and transparent that he has asked under which law can the company take action against an erring employee for not reporting for duty even after availing the ML and benefits.
Point No.2 Replying to Roopa's statement, HRs job is that not of a butcher, while few may have such views, but many of the HRs in a large employee-sensitive organisations, HR has to act with much restraint not affording to lose its valuable manpower. Replacement of desired,qualified and quality manpower is something very precious commodity nowadays in our country, even though we claim that unemployment is looming on the higher side. Quality manpower is difficult to get at the right time as we have been facing now.
Point No.3: There are few employees who wilfully cite cooked up reasons for extending the ML and in my Organisation an employee had exhausted all her PL prior going to ML and she availed ML and on the day of reporting back after 90 days on ML, she gave her resignation. She is not an ordinary labour, but a qualified faculty member teaching for graduate courses. She has given very flimsy reasons for resignation. We never could afford to lose her.
So we need to weigh both pros and cons and evaluate the situation and act accordingly and defnitely HR is not a butcher's clan.
Sridhar N
From India, Madras
Point No.2 Replying to Roopa's statement, HRs job is that not of a butcher, while few may have such views, but many of the HRs in a large employee-sensitive organisations, HR has to act with much restraint not affording to lose its valuable manpower. Replacement of desired,qualified and quality manpower is something very precious commodity nowadays in our country, even though we claim that unemployment is looming on the higher side. Quality manpower is difficult to get at the right time as we have been facing now.
Point No.3: There are few employees who wilfully cite cooked up reasons for extending the ML and in my Organisation an employee had exhausted all her PL prior going to ML and she availed ML and on the day of reporting back after 90 days on ML, she gave her resignation. She is not an ordinary labour, but a qualified faculty member teaching for graduate courses. She has given very flimsy reasons for resignation. We never could afford to lose her.
So we need to weigh both pros and cons and evaluate the situation and act accordingly and defnitely HR is not a butcher's clan.
Sridhar N
From India, Madras
Dear All,
This is in addition to all the considererd opinions. Let us examine the issue thread bare.
a) The employee has continued on maternity leave - for how long? While speaking about the legalities the time gap from the original and extended maternity periods have been differently interpreted by different high courts.
If the employee has a valid medical reason for not reporting for the duties immediately after the ML, taking disciplinary action is ruled out.
b) The only fact that she is remaining absent afer expiry of ML is not a justification to take action unless she has committed any acts those amount to gross misconducts.
c) If the person having remained absent on grounds of ML and is working else where during the same period for remuneration then you can initiate straight actions.
d) However if there is no valid medical reason ( with a document) then the general procedure of asking for reporting to duty followed by show cause and the further processes will follow.
Kind regards
Dayanand L Guddin
From Singapore, Singapore
This is in addition to all the considererd opinions. Let us examine the issue thread bare.
a) The employee has continued on maternity leave - for how long? While speaking about the legalities the time gap from the original and extended maternity periods have been differently interpreted by different high courts.
If the employee has a valid medical reason for not reporting for the duties immediately after the ML, taking disciplinary action is ruled out.
b) The only fact that she is remaining absent afer expiry of ML is not a justification to take action unless she has committed any acts those amount to gross misconducts.
c) If the person having remained absent on grounds of ML and is working else where during the same period for remuneration then you can initiate straight actions.
d) However if there is no valid medical reason ( with a document) then the general procedure of asking for reporting to duty followed by show cause and the further processes will follow.
Kind regards
Dayanand L Guddin
From Singapore, Singapore
Dear friend
Hope you have READ CAREFULLY the viewpoints of the members.
Please CONTROL YOUR URGE TO TAKE ACTION against employees and especially female employees, young mothers who have taken Maternity Leave.
If she has PL/EL to her credit then she can avail it during this period.
If she has no PL/EL then she can be on LEAVE WITHOUT PAY. In that case YOU ARE NOT PAYING HER ANYTHING, so why have such NEGATIVE feelings ????
If the work is suffering, then hire a temp or substitute, OR YOUR COMPANY WORKS ON SUCH SHOE-STRING BUDGET that you can't afford it ??
Are you aware that even if she joins, she is entitled to TWO SHORT LEAVE EVERYDAY to feed the young child till the child is one year old ?
Are you aware that she is entitled to EXTEND HER LEAVE TO ONE YEAR as Child Care Leave ??
Please do not act like heartless Shylock ready for a pound of flesh ??
It is people having such feelings that bring bad name to this profession.
Pardon me if I am wrong, but from your query, I am certain that you do not have any basic HR qualification. Kindly acquire the required credentials.
From India, Delhi
Hope you have READ CAREFULLY the viewpoints of the members.
Please CONTROL YOUR URGE TO TAKE ACTION against employees and especially female employees, young mothers who have taken Maternity Leave.
If she has PL/EL to her credit then she can avail it during this period.
If she has no PL/EL then she can be on LEAVE WITHOUT PAY. In that case YOU ARE NOT PAYING HER ANYTHING, so why have such NEGATIVE feelings ????
If the work is suffering, then hire a temp or substitute, OR YOUR COMPANY WORKS ON SUCH SHOE-STRING BUDGET that you can't afford it ??
Are you aware that even if she joins, she is entitled to TWO SHORT LEAVE EVERYDAY to feed the young child till the child is one year old ?
Are you aware that she is entitled to EXTEND HER LEAVE TO ONE YEAR as Child Care Leave ??
Please do not act like heartless Shylock ready for a pound of flesh ??
It is people having such feelings that bring bad name to this profession.
Pardon me if I am wrong, but from your query, I am certain that you do not have any basic HR qualification. Kindly acquire the required credentials.
From India, Delhi
I have read the message and the reply with interest. Instead of replying to such messages with answers; I feel that we should probe the blogger and get as much info about the situation before giving answers based on our understanding of the question.
Have a nice day
Simhan
From United Kingdom
Have a nice day
Simhan
From United Kingdom
I would agree with Simhan to stop being judgemental about the person raising the query and instead, focus more on probing and getting the complete facts before sharing our point of view. Harsh replies to individuals requesting clarifications could dowse their urge and courage to ask questions. Remember, as HR community, our focus should be on helping others in our profession develop the requisite knowledge and learning orientation. Those who are seniors amongst us, have a responsibility to coach and mentor the juniors and we would be straying away from that objective were we to discourage the juniors to ask questions, no matter how superficial their questions may seem to be on first impression. Let all the seniors amongst us remember that there was a time when we shared the same curiosity and half-baked knowledge, and in fact still do, at the same early stage of our professional growth. I would request everyone to stop being personally critical of those who are raising queries and those who are answering the same.
Thanks.
From India, Ghaziabad
Thanks.
From India, Ghaziabad
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Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf