Hi Rajkumar Hansdah,
In view of your comments (publicly made) for Mr. Ranvijay, I suggest and expect, one must do analysis before putting any opinions/comments (using harsh words) etc. In case of Ranvijay's view on this thread, it might be possible that he is aware of law and accordingly in his mindset he was clear that employee must qualify precondition set out by the MBA and thus commented his views in shortcut.
To do analysis, one must step in the shoes of other person and think, why he has answered so? try to find out supporting to that e.g. study ACT etc..
Suggest, we should provide our views /comment professionally, try to avoid hurting anyone on his/her comments. I do agree that there are the persons who just make the fun of platform, ignores the seriousness etc.. In such instances also, one should address them properly so that they become serious about the issue instead hurting them.
Best way to deal with is, convey your views, analysis and then seek clarification from other person, understand why he has replied so and then convey your views in a positive manner. Coz, sometimes it may be possible that fresh executives might be trying to run quicker.
I personally believe and moreover Law believe that every citizen know the law and need to abide by the same, failing which have to face the consequences.
Thus not to worry, if you are law abiding person..
Regards,
From India, Mumbai
In view of your comments (publicly made) for Mr. Ranvijay, I suggest and expect, one must do analysis before putting any opinions/comments (using harsh words) etc. In case of Ranvijay's view on this thread, it might be possible that he is aware of law and accordingly in his mindset he was clear that employee must qualify precondition set out by the MBA and thus commented his views in shortcut.
To do analysis, one must step in the shoes of other person and think, why he has answered so? try to find out supporting to that e.g. study ACT etc..
Suggest, we should provide our views /comment professionally, try to avoid hurting anyone on his/her comments. I do agree that there are the persons who just make the fun of platform, ignores the seriousness etc.. In such instances also, one should address them properly so that they become serious about the issue instead hurting them.
Best way to deal with is, convey your views, analysis and then seek clarification from other person, understand why he has replied so and then convey your views in a positive manner. Coz, sometimes it may be possible that fresh executives might be trying to run quicker.
I personally believe and moreover Law believe that every citizen know the law and need to abide by the same, failing which have to face the consequences.
Thus not to worry, if you are law abiding person..
Regards,
From India, Mumbai
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
167From India, Delhi
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 accessury to a crime, and let Q do something illegal on 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 Benefit, which are enshrined in the Act; and Govt. of India guarantees it.
Pardon me, but it seems you yourself are not aware of Law.
Do you know that Maternity benefit is applicable whether a person has delivered a child or had miscarriage or MTP ----> this implies that once pregancy is confirmed .... (please fill in the blanks yourself).
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
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 accessury to a crime, and let Q do something illegal on 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 Benefit, which are enshrined in the Act; and Govt. of India guarantees it.
Pardon me, but it seems you yourself are not aware of Law.
Do you know that Maternity benefit is applicable whether a person has delivered a child or had miscarriage or MTP ----> this implies that once pregancy is confirmed .... (please fill in the blanks yourself).
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
Dear Malikji
Thanks for your posts, which are always full of knowledge and learning, and which benefits 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 Maternity Benefit Act is pregnancy and its confirmation by a doctor. Once a female employee has conceived, its just a matter of "time". whether she delivers or has miscarriage, she is entitled to Maternity Leave. The only thing that is variable is the period, depending on the actual date of occurrence of event.
Regards.
From India, Delhi
Thanks for your posts, which are always full of knowledge and learning, and which benefits 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 Maternity Benefit Act is pregnancy and its confirmation by a doctor. Once a female employee has conceived, its just a matter of "time". whether she delivers or has miscarriage, she is entitled to Maternity Leave. The only thing that is variable is the period, depending on the actual date of occurrence of event.
Regards.
From India, Delhi
Dear Raj Kumar,
Maternity leave is applicable whether a person has delivered a child or had miscarriage or MTP (this is with ref to your reply to balvhatkar)
But here what people wanted to know was - when has this lady claimed for maternity leave? After delivery? Or weeks before delivery?
The person who posted this query has probably got confused because - "already this lady has taken a lot of leave - so should she be eligible for maternity benefits anymore". I guess so thats what Anuradha had asked." - thats how I understood her question, and I am sure she got it clarified - yes she is eligible for maternity leave becuase 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 delivery date - and ONE YEAR LEAVE after delivery (with three months paid leave).
Its 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 that the mother is forced to take leave in between.
I mentioned this because - though law exists, it will 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, and 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
Maternity leave is applicable whether a person has delivered a child or had miscarriage or MTP (this is with ref to your reply to balvhatkar)
But here what people wanted to know was - when has this lady claimed for maternity leave? After delivery? Or weeks before delivery?
The person who posted this query has probably got confused because - "already this lady has taken a lot of leave - so should she be eligible for maternity benefits anymore". I guess so thats what Anuradha had asked." - thats how I understood her question, and I am sure she got it clarified - yes she is eligible for maternity leave becuase 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 delivery date - and ONE YEAR LEAVE after delivery (with three months paid leave).
Its 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 that the mother is forced to take leave in between.
I mentioned this because - though law exists, it will 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, and 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
Dear balvhatkar
Not withstanding my earlier comments - (while voicing myself against a wrong opinion); I must say that you have done exceedingly well in resolving the query; despite the fact that certain key information were missing.
That is where experience counts. One tries best to reconstruct the sequence on certain data-based 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).
Also, it is fairly standard now to give one year (unpaid) leave; esp. in govt. and PSU; after maternity leave, which is aptly called CHILD CARE LEAVE.
Regards.
From India, Delhi
Not withstanding my earlier comments - (while voicing myself against a wrong opinion); I must say that you have done exceedingly well in resolving the query; despite the fact that certain key information were missing.
That is where experience counts. One tries best to reconstruct the sequence on certain data-based 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).
Also, it is fairly standard now to give one year (unpaid) leave; esp. in govt. and PSU; after maternity leave, which is aptly called CHILD CARE LEAVE.
Regards.
From India, Delhi
Dear Ash,
My para-wise reply, in Red.
I am sorry that you still are not clear about what was :
1. The original issue
2. The wrong opinion expressed by someone
3. My protest against giving wrong opinion
4. A members attempt to defend a wrong opinion (which in itself means ....?)
5. My explanation regarding point no. 4
Hope, at least now I have made myself clear - to you.
The original issue is simple (though Anuradha has not given the relevant dates of occurrence of events) - its about a frequent leave taker who has been playing hide-and-seek ever since she was declared pregnant,; and even after months she has not joined; and the query in Anuradha's words : Is she eligible for maternity benefit now ?
The answer unequivocally is : YES, she is entitled to her maternity benefits EVEN NOW.
Other issues have been answered well by Mr. balvhatkar.
(Although, unfortunately, he chose to post his comments defending a wrong opinion; instead of sending me a private message, and complicated the matter to an extent; that made you send this post).
I hope that this thread shall be concluded now.
Regards.
From India, Delhi
My para-wise reply, in Red.
I am sorry that you still are not clear about what was :
1. The original issue
2. The wrong opinion expressed by someone
3. My protest against giving wrong opinion
4. A members attempt to defend a wrong opinion (which in itself means ....?)
5. My explanation regarding point no. 4
Hope, at least now I have made myself clear - to you.
The original issue is simple (though Anuradha has not given the relevant dates of occurrence of events) - its about a frequent leave taker who has been playing hide-and-seek ever since she was declared pregnant,; and even after months she has not joined; and the query in Anuradha's words : Is she eligible for maternity benefit now ?
The answer unequivocally is : YES, she is entitled to her maternity benefits EVEN NOW.
Other issues have been answered well by Mr. balvhatkar.
(Although, unfortunately, he chose to post his comments defending a wrong opinion; instead of sending me a private message, and complicated the matter to an extent; that made you send this post).
I hope that this thread shall be concluded now.
Regards.
From India, Delhi
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
From United Kingdom, London
Dear Rajkumar Hansdah,
I put forward my apologies to all. I have had no intention to hurt anyones sentiments. My intention was very clear, just to resolve query and at the same time to convey, we should carry healthy discussion on this forum as suggested by Malikji and not to use harsh words while giving opinions etc. I do agree with you that somebody might have given wrong opinion and relying upon will harm to the person relying so.
However, I believe Anuradha is enough matured to analyse different opinions and conclude her view on course of action.
My sincere request to all colleagues on this platform is "PUT YOUR QUERIES VERY SPECIFIC AND CLEAR", provide details at initial stage only like Trinity has asked here. More details makes us to provide more authentic analysis and opinion instead of giving it on the basis of presumptions and assumptions.
ANURADHA: I think, you need to put concluding para on this thread.
REgards,
Balkrishna
From India, Mumbai
I put forward my apologies to all. I have had no intention to hurt anyones sentiments. My intention was very clear, just to resolve query and at the same time to convey, we should carry healthy discussion on this forum as suggested by Malikji and not to use harsh words while giving opinions etc. I do agree with you that somebody might have given wrong opinion and relying upon will harm to the person relying so.
However, I believe Anuradha is enough matured to analyse different opinions and conclude her view on course of action.
My sincere request to all colleagues on this platform is "PUT YOUR QUERIES VERY SPECIFIC AND CLEAR", provide details at initial stage only like Trinity has asked here. More details makes us to provide more authentic analysis and opinion instead of giving it on the basis of presumptions and assumptions.
ANURADHA: I think, you need to put concluding para on this thread.
REgards,
Balkrishna
From India, Mumbai
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 want to extend her leaves by two months more by adding her pending PL's/EL's and we also know that she will definitely leave the job after availing her leaves as its her 2nd child so she donot want to continue with 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 deserves EL and appraisals?
4) Does the leave Policy remain same for Part time and regular employee?
Thanks,
Vineet
From India, Chandigarh
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 want to extend her leaves by two months more by adding her pending PL's/EL's and we also know that she will definitely leave the job after availing her leaves as its her 2nd child so she donot want to continue with 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 deserves EL and appraisals?
4) Does the leave Policy remain same for Part time and regular employee?
Thanks,
Vineet
From India, Chandigarh
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Creche under Maternity Benefit Act.pdf
MATERNITY BENEFIT ACT 2009.doc