Dear Seniors
Please clarify the below mentioned quiry. I could not understand what exactly Mr.Ravi is telling but i think there is a point in his post.
Waiting for the seniors reply in this regard.
UDAY
[QUOTE=Ravishank;958110]But my question is if the women had to get pregnant then why did she join the company, just to avail maternity benefits, because in todays world couples plan their baby, so obviously the women might have planned her baby, so if she had planned her baby then why she joined your company, kindly counsel with her and might be you can ask her to resign and take another employee in replacement, because the company is running to make profits and not to just give maternity leave to employees.
It is another point that the women was working in your company for 1 year and then she is demanding maternity benefits, because now she has worked only for 4 months and there is no guarantee that she will return after pregnancy as might be she need to take care of baby so obviously you will be wasting lot of money on her, so better counsel with her and let her resign the job. Because I feel maternity benefits should be given only to women who work for long time, like 1 year or so.
Now the above reply was not legal but going legally:
If we analyze the maternity benefit act carefully:
ELIGIBILITY FOR MATERNITY BENEFIT:
A women shall be entitled to maternity benefit only if she has actually worked in an
establishment of the employer for a period of not less then eighty days in the twelve
months immediately proceeding the date of her expected delivery (section-5[2])
MAXIMUM PERIOD OF MATERNITY BENEFIT: Maximum twelve weeks of
which not more then six weeks shall proceed the date of her expected delivery (section-
5[5])
i.e. six weeks prenatal and six weeks post natal
:
Now extracting points to make it simple:
A women has to work minimum 80 days is one eligibility and another eligibility is she needs to be minimum one year old in the company from the expected date of delivery.
So as explained by one member she will get 6 weeks pre natal and 6 weeks post natal, taking into consideration days we get as 6*7= 42 days prenatal and 42 days post natal,
So if the employee is planning to take leave from XX date then the employee has to be in employment for minimum 365-42 = 323 days old in employment from the date of her taking leave, I dont know howcome so many senior HRs failed to notice this very important point of law, because each and every sentence, clause in law has a hidden meaning, and our indian laws are most confusing, so you need to carefully analyze each and every clause,[/QUOTE]
From India, Hyderabad
3Please clarify the below mentioned quiry. I could not understand what exactly Mr.Ravi is telling but i think there is a point in his post.
Waiting for the seniors reply in this regard.
UDAY
[QUOTE=Ravishank;958110]But my question is if the women had to get pregnant then why did she join the company, just to avail maternity benefits, because in todays world couples plan their baby, so obviously the women might have planned her baby, so if she had planned her baby then why she joined your company, kindly counsel with her and might be you can ask her to resign and take another employee in replacement, because the company is running to make profits and not to just give maternity leave to employees.
It is another point that the women was working in your company for 1 year and then she is demanding maternity benefits, because now she has worked only for 4 months and there is no guarantee that she will return after pregnancy as might be she need to take care of baby so obviously you will be wasting lot of money on her, so better counsel with her and let her resign the job. Because I feel maternity benefits should be given only to women who work for long time, like 1 year or so.
Now the above reply was not legal but going legally:
If we analyze the maternity benefit act carefully:
ELIGIBILITY FOR MATERNITY BENEFIT:
A women shall be entitled to maternity benefit only if she has actually worked in an
establishment of the employer for a period of not less then eighty days in the twelve
months immediately proceeding the date of her expected delivery (section-5[2])
MAXIMUM PERIOD OF MATERNITY BENEFIT: Maximum twelve weeks of
which not more then six weeks shall proceed the date of her expected delivery (section-
5[5])
i.e. six weeks prenatal and six weeks post natal
:
Now extracting points to make it simple:
A women has to work minimum 80 days is one eligibility and another eligibility is she needs to be minimum one year old in the company from the expected date of delivery.
So as explained by one member she will get 6 weeks pre natal and 6 weeks post natal, taking into consideration days we get as 6*7= 42 days prenatal and 42 days post natal,
So if the employee is planning to take leave from XX date then the employee has to be in employment for minimum 365-42 = 323 days old in employment from the date of her taking leave, I dont know howcome so many senior HRs failed to notice this very important point of law, because each and every sentence, clause in law has a hidden meaning, and our indian laws are most confusing, so you need to carefully analyze each and every clause,[/QUOTE]
From India, Hyderabad
Hi,
I have one querry in same matter . Pls help me. My case is
My one lady employee which is working from last 10 years & dont have any child from last 8 years. Now she decide to take her sisters new born baba which is now just 15 days old
& she want to take three months leave. She dosent ask for ml. She take her own leave & remaining inform Absent.
But i want to know is there any clause or way to give her this benefit
Shubhra
From India, Mumbai
I have one querry in same matter . Pls help me. My case is
My one lady employee which is working from last 10 years & dont have any child from last 8 years. Now she decide to take her sisters new born baba which is now just 15 days old
& she want to take three months leave. She dosent ask for ml. She take her own leave & remaining inform Absent.
But i want to know is there any clause or way to give her this benefit
Shubhra
From India, Mumbai
Dear Mr. Ravishank,
Answer to your first question is very plain and simple. Pregnant employees also have right to work and earn. Moreover, like every employee who is entitled for salary, holidays, leaves and other benefits, female employees are entitled to get maternity benefit.
Secondly, may be employer should have been more cautious while selecting new employee to check the possibility of maternity break in near future. Some employers do pay attention to this point in their pre employment medical check up. But mind you, rejecting a candidate for such reason will amount to discrimination against woman and can attract punitive action against employer.
You can not ask employee to resign because she is pregnant. Clearly your views are chauvinistic and biased. Like you get a leave when you are sick or to attend a marriage, female employees are entitled to get maternity leave / benefit, irrespective of maternity was planned or not.
Though we are not fully aware of the facts and circumstances of this case, it is possible that, she was employed elsewhere before and new employer offered her job for the specific skills and experience she possessed which was urgently needed by employer and hence overlooked the fact that she may need maternity break after 6-8 months.
It is also possible that female employee was badly in need of job and salary to support herself and her family and choose to take hardship of job in spite of pregnancy.
Asking employee to resign is totally out of question and she should get Maternity benefit if she is eligible.
Cithr members should apply their mind before expressing such Inhuman, Chauvinistic and Stone Age views.
Thanks & Regards
[QUOTE=Ravishank;958110]But my question is if the women had to get pregnant then why did she join the company, just to avail maternity benefits, because in todays world couples plan their baby, so obviously the women might have planned her baby, so if she had planned her baby then why she joined your company, kindly counsel with her and might be you can ask her to resign and take another employee in replacement, because the company is running to make profits and not to just give maternity leave to employees.
It is another point that the women was working in your company for 1 year and then she is demanding maternity benefits, because now she has worked only for 4 months and there is no guarantee that she will return after pregnancy as might be she need to take care of baby so obviously you will be wasting lot of money on her, so better counsel with her and let her resign the job. Because I feel maternity benefits should be given only to women who work for long time, like 1 year or so.
From India, Pune
Answer to your first question is very plain and simple. Pregnant employees also have right to work and earn. Moreover, like every employee who is entitled for salary, holidays, leaves and other benefits, female employees are entitled to get maternity benefit.
Secondly, may be employer should have been more cautious while selecting new employee to check the possibility of maternity break in near future. Some employers do pay attention to this point in their pre employment medical check up. But mind you, rejecting a candidate for such reason will amount to discrimination against woman and can attract punitive action against employer.
You can not ask employee to resign because she is pregnant. Clearly your views are chauvinistic and biased. Like you get a leave when you are sick or to attend a marriage, female employees are entitled to get maternity leave / benefit, irrespective of maternity was planned or not.
Though we are not fully aware of the facts and circumstances of this case, it is possible that, she was employed elsewhere before and new employer offered her job for the specific skills and experience she possessed which was urgently needed by employer and hence overlooked the fact that she may need maternity break after 6-8 months.
It is also possible that female employee was badly in need of job and salary to support herself and her family and choose to take hardship of job in spite of pregnancy.
Asking employee to resign is totally out of question and she should get Maternity benefit if she is eligible.
Cithr members should apply their mind before expressing such Inhuman, Chauvinistic and Stone Age views.
Thanks & Regards
[QUOTE=Ravishank;958110]But my question is if the women had to get pregnant then why did she join the company, just to avail maternity benefits, because in todays world couples plan their baby, so obviously the women might have planned her baby, so if she had planned her baby then why she joined your company, kindly counsel with her and might be you can ask her to resign and take another employee in replacement, because the company is running to make profits and not to just give maternity leave to employees.
It is another point that the women was working in your company for 1 year and then she is demanding maternity benefits, because now she has worked only for 4 months and there is no guarantee that she will return after pregnancy as might be she need to take care of baby so obviously you will be wasting lot of money on her, so better counsel with her and let her resign the job. Because I feel maternity benefits should be given only to women who work for long time, like 1 year or so.
From India, Pune
Mr. Ravi,
act clearly says that, the women has to work for 80 in twelve months, it is not that if she has not compleeted 12 months is not eligible. in the tweleve month means during twelve month, if she had worked continuesly from the date of join for 80 days , then she had compleeted for eligiblity critiria. insted of looking negetive point in the law, we should use for positive owe to have better human relations. then only our HR proffession can valued.
act clearly says that, the women has to work for 80 in twelve months, it is not that if she has not compleeted 12 months is not eligible. in the tweleve month means during twelve month, if she had worked continuesly from the date of join for 80 days , then she had compleeted for eligiblity critiria. insted of looking negetive point in the law, we should use for positive owe to have better human relations. then only our HR proffession can valued.
Going by prevailing law applicable to private sector, there is no legal provision to offer Paternity Leave in case child is adopted.
But government employees are entitled to paternity leave as well as leave in case child is legally adopted. This topic is already discussed on Citehr thread. You may search for thread on Paternity Leave on Citehr to get further details.
You as a progressive company can introduce a Paternity Leave in your company though it is not a statutory requirement.
Thanks & Regards
From India, Pune
But government employees are entitled to paternity leave as well as leave in case child is legally adopted. This topic is already discussed on Citehr thread. You may search for thread on Paternity Leave on Citehr to get further details.
You as a progressive company can introduce a Paternity Leave in your company though it is not a statutory requirement.
Thanks & Regards
From India, Pune
I think we are not giving importance to the actual query posted by Deepmala.
Hi, vkokamthankar.....now as you jumped into conclusion that citehr members posses Inhuman, Chauvinistic and Stone Age views, you are supposed to give a proper reply to the post interpreting the maternity leave benefit act. Beating around the bush doest solve the queries in this forum. Writing 'paragraphs' about the what we are supposed to do and follow is always easy. But when it comes to entitlements based on any act or policy , follow the law in vogue, thats all. HR people are not here to curtail or deny any benefits which are admissible under the law, but to implement it in the best possible manner for the betterment of employees and the company. Change your misplaced notion .....
From India, Kochi
Hi, vkokamthankar.....now as you jumped into conclusion that citehr members posses Inhuman, Chauvinistic and Stone Age views, you are supposed to give a proper reply to the post interpreting the maternity leave benefit act. Beating around the bush doest solve the queries in this forum. Writing 'paragraphs' about the what we are supposed to do and follow is always easy. But when it comes to entitlements based on any act or policy , follow the law in vogue, thats all. HR people are not here to curtail or deny any benefits which are admissible under the law, but to implement it in the best possible manner for the betterment of employees and the company. Change your misplaced notion .....
From India, Kochi
Dear Mr. Ravishank,
I am surprised and amused by your reaction on my post. You have neither written anything relevant to my post nor anything to justify your suggestion to ask pregnant employee to resign.
By expressing your anguish about discrimination, corruption, nepotism and favoritism happening in HR and corporate sector and questioning me for that, you have only sidetracked your own views.
I expressed my views against your post because in my opinion they were against the basic human values. I have not studied legal provisions of Maternity Benefit and hence I will remain silent on that.
Thanks & Regards
[QUOTE=Ravishank;958817]
From India, Pune
I am surprised and amused by your reaction on my post. You have neither written anything relevant to my post nor anything to justify your suggestion to ask pregnant employee to resign.
By expressing your anguish about discrimination, corruption, nepotism and favoritism happening in HR and corporate sector and questioning me for that, you have only sidetracked your own views.
I expressed my views against your post because in my opinion they were against the basic human values. I have not studied legal provisions of Maternity Benefit and hence I will remain silent on that.
Thanks & Regards
[QUOTE=Ravishank;958817]
From India, Pune
Dear vkokamthankar,
i absolutely agree with you. After reading Mr. Ravi's reply the same thing strike to me also that the employer would have been cautious while selecting but your reply cleared my doubt.
Thanks.
[QUOTE=vkokamthankar;958743]Dear Mr. Ravishank,
Answer to your first question is very plain and simple. Pregnant employees also have right to work and earn. Moreover, like every employee who is entitled for salary, holidays, leaves and other benefits, female employees are entitled to get maternity benefit.
Secondly, may be employer should have been more cautious while selecting new employee to check the possibility of maternity break in near future. Some employers do pay attention to this point in their pre employment medical check up. But mind you, rejecting a candidate for such reason will amount to discrimination against woman and can attract punitive action against employer.
You can not ask employee to resign because she is pregnant. Clearly your views are chauvinistic and biased. Like you get a leave when you are sick or to attend a marriage, female employees are entitled to get maternity leave / benefit, irrespective of maternity was planned or not.
Though we are not fully aware of the facts and circumstances of this case, it is possible that, she was employed elsewhere before and new employer offered her job for the specific skills and experience she possessed which was urgently needed by employer and hence overlooked the fact that she may need maternity break after 6-8 months.
It is also possible that female employee was badly in need of job and salary to support herself and her family and choose to take hardship of job in spite of pregnancy.
Asking employee to resign is totally out of question and she should get Maternity benefit if she is eligible.
Cithr members should apply their mind before expressing such Inhuman, Chauvinistic and Stone Age views.
Thanks & Regards
From India, New Delhi
i absolutely agree with you. After reading Mr. Ravi's reply the same thing strike to me also that the employer would have been cautious while selecting but your reply cleared my doubt.
Thanks.
[QUOTE=vkokamthankar;958743]Dear Mr. Ravishank,
Answer to your first question is very plain and simple. Pregnant employees also have right to work and earn. Moreover, like every employee who is entitled for salary, holidays, leaves and other benefits, female employees are entitled to get maternity benefit.
Secondly, may be employer should have been more cautious while selecting new employee to check the possibility of maternity break in near future. Some employers do pay attention to this point in their pre employment medical check up. But mind you, rejecting a candidate for such reason will amount to discrimination against woman and can attract punitive action against employer.
You can not ask employee to resign because she is pregnant. Clearly your views are chauvinistic and biased. Like you get a leave when you are sick or to attend a marriage, female employees are entitled to get maternity leave / benefit, irrespective of maternity was planned or not.
Though we are not fully aware of the facts and circumstances of this case, it is possible that, she was employed elsewhere before and new employer offered her job for the specific skills and experience she possessed which was urgently needed by employer and hence overlooked the fact that she may need maternity break after 6-8 months.
It is also possible that female employee was badly in need of job and salary to support herself and her family and choose to take hardship of job in spite of pregnancy.
Asking employee to resign is totally out of question and she should get Maternity benefit if she is eligible.
Cithr members should apply their mind before expressing such Inhuman, Chauvinistic and Stone Age views.
Thanks & Regards
From India, New Delhi
Dear Mr. Suresh_kms,
Thanks & Regards
From India, Pune
- My post was in response to a suggestion by a fellow Citehr member to ask the pregnant employee to resign because she is pregnant.
- ‘now as you jumped into conclusion that citehr members posses Inhuman, Chauvinistic and Stone Age views’ In my opinion particular view of a poster is Inhuman, Chauvinistic and Stone Age. I did not conclude anywhere that all the views of Citehr members are Inhuman, Chauvinistic and Stone Age. You have misconceived and misinterpreted my view.
- ‘you are supposed to give a proper reply to the post interpreting the maternity leave benefit act’ Sorry, I have already posted stating that, I have not studied legal provisions of Maternity Benefit and hence I will remain silent on that.
- ‘Beating around the bush doest solve the queries in this forum. Writing 'paragraphs' about what we are supposed to do and follow is always easy’ I entirely agree with you. Without beating around the bush I expressed my views that asking employee to resign because she is pregnant is wrong. Practice what you preach, If you have any comment against what I have posted, please post it, be specific.
- ‘But when it comes to entitlements based on any act or policy, follow the law in vogue, that’s all’ please let me know under which provisions of which law pregnant employee can be asked to resign.
- ‘HR people are not here to curtail or deny any benefits which are admissible under the law, but to implement it in the best possible manner for the betterment of employees and the company’ I am feeling very happy and relieved to read this and I endorse your views.
- ‘Change your misplaced notion’ I am also a HR Professional and my view is same as you i.e. ‘HR people are not here to curtail or deny any benefits which are admissible under the law, but to implement it in the best possible manner for the betterment of employees and the company’ I do not feel my notions are misplaced and they need to be changed.
Thanks & Regards
From India, Pune
Dear All
Maternity Benefit Act is a beneficial Legislation and to protect the concept of motherhood .Reading in between the lines is not necessary when one considers it as a Beneficial and Welfare Legislation.The object of every Employer should be to pay the Benefit not avoid it.It is the essence of Corporate duty to Society.
With Regards
E-mail :
From India, Bangalore
Maternity Benefit Act is a beneficial Legislation and to protect the concept of motherhood .Reading in between the lines is not necessary when one considers it as a Beneficial and Welfare Legislation.The object of every Employer should be to pay the Benefit not avoid it.It is the essence of Corporate duty to Society.
With Regards
E-mail :
From India, Bangalore
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Creche under Maternity Benefit Act.pdf
MATERNITY BENEFIT ACT 2009.doc