Hi Raj Kumar Hansdah,
In view of your comments (publicly made) for Mr. Ranvijay, I suggest and expect, one must do an analysis before putting any opinions/comments (using harsh words) etc. In the case of Ranvijay's view on this thread, it might be possible that he is aware of the law and accordingly in his mindset, he was clear that the employee must qualify the precondition set out by the MBA and thus commented his views in a shortcut.
To do an analysis, one must step into the shoes of the other person and think, why he has answered so? Try to find out support for that, e.g. study the ACT, etc.
I suggest we should provide our views/comment professionally, try to avoid hurting anyone on his/her comments. I do agree that there are persons who just make fun of the platform, ignore the seriousness, etc. In such instances also, one should address them properly so that they become serious about the issue instead of hurting them.
The best way to deal with this is to convey your views, analysis, and then seek clarification from the other person, understand why he has replied so, and then convey your views in a positive manner. Because, sometimes it may be possible that fresh executives might be trying to run quicker.
I personally believe and, moreover, the law believes that every citizen knows the law and needs to abide by the same, failing which they have to face the consequences.
Thus not to worry if you are a law-abiding person.
Regards,
From India, Mumbai
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In view of your comments (publicly made) for Mr. Ranvijay, I suggest and expect, one must do an analysis before putting any opinions/comments (using harsh words) etc. In the case of Ranvijay's view on this thread, it might be possible that he is aware of the law and accordingly in his mindset, he was clear that the employee must qualify the precondition set out by the MBA and thus commented his views in a shortcut.
To do an analysis, one must step into the shoes of the other person and think, why he has answered so? Try to find out support for that, e.g. study the ACT, etc.
I suggest we should provide our views/comment professionally, try to avoid hurting anyone on his/her comments. I do agree that there are persons who just make fun of the platform, ignore the seriousness, etc. In such instances also, one should address them properly so that they become serious about the issue instead of hurting them.
The best way to deal with this is to convey your views, analysis, and then seek clarification from the other person, understand why he has replied so, and then convey your views in a positive manner. Because, sometimes it may be possible that fresh executives might be trying to run quicker.
I personally believe and, moreover, the law believes that every citizen knows the law and needs to abide by the same, failing which they have to face the consequences.
Thus not to worry if you are a law-abiding person.
Regards,
From India, Mumbai
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dear we should have the healthy discussion.if some one gives answer which is against the law, we should guide him and we should not hurt anyone. regards js malik
From India, Delhi
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174From India, Delhi
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My dear Balvhatkar,
Thanks for your comments and suggestions, which are definitely good and praiseworthy.
However, regarding my earlier post, I had to intervene harshly to prevent a situation where the person who posted the query may commit an illegal action based on Mr. Ranvijay's suggestion and would have landed herself and her company in trouble.
If P gives Q a very dangerous and illegal suggestion in your presence, what will you do?
Will you happily become an accessory to a crime and let Q do something illegal by acting on P's suggestion?
Kindly do your analysis and answer me.
For your kind information, ask any lawyer for confirmation, and he will agree with my views.
It was very clear from Mr. Ranvijay's post that he is not aware of the provisions.
If we do not know the date of delivery, we are not sure about the dates regarding Maternity Leave. But the lady is still entitled to Maternity Leave Benefits, which are enshrined in the Act, and the Government of India guarantees it.
Pardon me, but it seems you yourself are not aware of the law.
Do you know that Maternity benefit is applicable whether a person has delivered a child, had a miscarriage, or had MTP? This implies that once pregnancy is confirmed....
Secondly, just a question to test knowledge of Maternity Benefit: Can you answer me if an unmarried woman or a widow can get Maternity Leave under the Act or not?
Regards.
From India, Delhi
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Thanks for your comments and suggestions, which are definitely good and praiseworthy.
However, regarding my earlier post, I had to intervene harshly to prevent a situation where the person who posted the query may commit an illegal action based on Mr. Ranvijay's suggestion and would have landed herself and her company in trouble.
If P gives Q a very dangerous and illegal suggestion in your presence, what will you do?
Will you happily become an accessory to a crime and let Q do something illegal by acting on P's suggestion?
Kindly do your analysis and answer me.
For your kind information, ask any lawyer for confirmation, and he will agree with my views.
It was very clear from Mr. Ranvijay's post that he is not aware of the provisions.
If we do not know the date of delivery, we are not sure about the dates regarding Maternity Leave. But the lady is still entitled to Maternity Leave Benefits, which are enshrined in the Act, and the Government of India guarantees it.
Pardon me, but it seems you yourself are not aware of the law.
Do you know that Maternity benefit is applicable whether a person has delivered a child, had a miscarriage, or had MTP? This implies that once pregnancy is confirmed....
Secondly, just a question to test knowledge of Maternity Benefit: Can you answer me if an unmarried woman or a widow can get Maternity Leave under the Act or not?
Regards.
From India, Delhi
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Dear Malikji,
Thank you for your posts, which are always full of knowledge and learning, benefiting everyone. I agree that we should not hurt anyone, but it is strange to find people defending wrong answers and refusing to accept what is correct.
The basic criteria in the Maternity Benefit Act are pregnancy and its confirmation by a doctor. Once a female employee has conceived, it is just a matter of "time." Whether she delivers or has a miscarriage, she is entitled to Maternity Leave. The only variable is the period, depending on the actual date of the occurrence of the event.
Regards.
From India, Delhi
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Thank you for your posts, which are always full of knowledge and learning, benefiting everyone. I agree that we should not hurt anyone, but it is strange to find people defending wrong answers and refusing to accept what is correct.
The basic criteria in the Maternity Benefit Act are pregnancy and its confirmation by a doctor. Once a female employee has conceived, it is just a matter of "time." Whether she delivers or has a miscarriage, she is entitled to Maternity Leave. The only variable is the period, depending on the actual date of the occurrence of the event.
Regards.
From India, Delhi
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Dear Raj Kumar,
Maternity leave is applicable whether a person has delivered a child or had a miscarriage or MTP (this is with reference to your reply to balvhatkar).
But here is what people wanted to know: when has this lady claimed maternity leave? After delivery? Or weeks before delivery?
The person who posted this query has probably gotten confused because, "Already this lady has taken a lot of leave - so should she be eligible for maternity benefits anymore?" I guess that's what Anuradha had asked. That's how I understood her question, and I am sure she got it clarified - yes, she is eligible for maternity leave because it's the date of delivery (prior & post which is calculated for maternity leave) that is considered.
I know a popular school in India that gives a lady teacher maternity leave one month before the delivery date - and ONE YEAR LEAVE after delivery (with three months of paid leave).
It's because the school believes that the mother needs to be with the child for a year so that the child does not fall sick often, forcing the mother to take leave in between.
I mentioned this because, though the law exists, it may tend to vary (though no one would take the risk of not giving, but maybe give extra leave).
I believe the forum here is to discuss & help one another, not to have a battle over "Look who knows better!"
I don't understand the relevance of your last lines in testing someone's knowledge. Why?
From India, Madras
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Maternity leave is applicable whether a person has delivered a child or had a miscarriage or MTP (this is with reference to your reply to balvhatkar).
But here is what people wanted to know: when has this lady claimed maternity leave? After delivery? Or weeks before delivery?
The person who posted this query has probably gotten confused because, "Already this lady has taken a lot of leave - so should she be eligible for maternity benefits anymore?" I guess that's what Anuradha had asked. That's how I understood her question, and I am sure she got it clarified - yes, she is eligible for maternity leave because it's the date of delivery (prior & post which is calculated for maternity leave) that is considered.
I know a popular school in India that gives a lady teacher maternity leave one month before the delivery date - and ONE YEAR LEAVE after delivery (with three months of paid leave).
It's because the school believes that the mother needs to be with the child for a year so that the child does not fall sick often, forcing the mother to take leave in between.
I mentioned this because, though the law exists, it may tend to vary (though no one would take the risk of not giving, but maybe give extra leave).
I believe the forum here is to discuss & help one another, not to have a battle over "Look who knows better!"
I don't understand the relevance of your last lines in testing someone's knowledge. Why?
From India, Madras
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Dear Balvhatkar,
Notwithstanding my earlier comments (voicing myself against a wrong opinion), I must say that you have done exceedingly well in resolving the query despite certain key information missing. That is where experience counts. One tries their best to reconstruct the sequence based on certain data assumptions, as you have done. Also, you have correctly remarked that if she is permitted to work from home, she is eligible for salary for that period, and the rest of the period shall be leave without pay (or paid leave if she has sufficient leave balance to her credit).
It is fairly standard now to give one year (unpaid) leave, especially in government and PSU sectors, after maternity leave, which is aptly called CHILD CARE LEAVE.
Regards.
From India, Delhi
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Notwithstanding my earlier comments (voicing myself against a wrong opinion), I must say that you have done exceedingly well in resolving the query despite certain key information missing. That is where experience counts. One tries their best to reconstruct the sequence based on certain data assumptions, as you have done. Also, you have correctly remarked that if she is permitted to work from home, she is eligible for salary for that period, and the rest of the period shall be leave without pay (or paid leave if she has sufficient leave balance to her credit).
It is fairly standard now to give one year (unpaid) leave, especially in government and PSU sectors, after maternity leave, which is aptly called CHILD CARE LEAVE.
Regards.
From India, Delhi
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Anuradha- Can you send us the details like: 1. Date of joining your services 2. Date she intimated her pregnancy 3. Leave availed (incuding LWP / loss of pay leaves)
From United Kingdom, London
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From United Kingdom, London
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Dear Rajkumar Hansdah,
I offer my apologies to all. I had no intention to hurt anyone's sentiments. My intention was very clear - to resolve the query and, at the same time, to convey that we should engage in healthy discussions on this forum, as suggested by Malikji, and avoid using harsh words when expressing opinions. I agree with you that someone may have provided incorrect information, and relying on it could be harmful to the person depending on it.
However, I believe Anuradha is mature enough to analyze different opinions and form her own view on the course of action.
My sincere request to all colleagues on this platform is to "PUT YOUR QUERIES VERY SPECIFIC AND CLEAR," providing details at the initial stage, as Trinity has requested here. More details enable us to provide more authentic analysis and opinions rather than basing them on presumptions and assumptions.
ANURADHA: I think you need to add a concluding paragraph to this thread.
Regards,
Balkrishna
From India, Mumbai
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I offer my apologies to all. I had no intention to hurt anyone's sentiments. My intention was very clear - to resolve the query and, at the same time, to convey that we should engage in healthy discussions on this forum, as suggested by Malikji, and avoid using harsh words when expressing opinions. I agree with you that someone may have provided incorrect information, and relying on it could be harmful to the person depending on it.
However, I believe Anuradha is mature enough to analyze different opinions and form her own view on the course of action.
My sincere request to all colleagues on this platform is to "PUT YOUR QUERIES VERY SPECIFIC AND CLEAR," providing details at the initial stage, as Trinity has requested here. More details enable us to provide more authentic analysis and opinions rather than basing them on presumptions and assumptions.
ANURADHA: I think you need to add a concluding paragraph to this thread.
Regards,
Balkrishna
From India, Mumbai
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Hi All,
I also have a similar query here. Please share your opinions:
We have a part-time employee who comes for only 2 hours a day. She is on Maternity Leave from June 09 to Aug 09 (three months). Now she wants to extend her leave by two more months by adding her pending PL's/EL's, and we also know that she will definitely leave the job after availing her leave as it's her 2nd child, so she does not want to continue with the job.
My questions:
1) Are maternity leave benefits applicable to part-time employees?
2) Can she combine ML with EL?
3) Being a part-time employee, does she deserve EL and appraisals?
4) Does the leave policy remain the same for part-time and regular employees?
Thanks,
Vineet
From India, Chandigarh
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I also have a similar query here. Please share your opinions:
We have a part-time employee who comes for only 2 hours a day. She is on Maternity Leave from June 09 to Aug 09 (three months). Now she wants to extend her leave by two more months by adding her pending PL's/EL's, and we also know that she will definitely leave the job after availing her leave as it's her 2nd child, so she does not want to continue with the job.
My questions:
1) Are maternity leave benefits applicable to part-time employees?
2) Can she combine ML with EL?
3) Being a part-time employee, does she deserve EL and appraisals?
4) Does the leave policy remain the same for part-time and regular employees?
Thanks,
Vineet
From India, Chandigarh
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Procedure to avail maternity benefit.jpg
Creche under Maternity Benefit Act.pdf