1. Sir, the publication of any amendment/new law enacted and enforced in the Gazette Notification of the appropriate Govt. itself is a valid proof accepted by all courts/tribunals. Once a gazette notification is issued, everybody/general public is supposed to know the contents of the same. The Govt. (Labour Department) is not required to send any papers to individual factories/units regarding changes in law, procedure, etc., since the same are published in the official Gazette of the appropriate government. The contention of the employer that they have not received any communication from the labour department or any other government agency, in my opinion, appears to be not valid and is only an excuse to deny the benefits to the needy and eligible woman employees.
2. But the main question at this stage regarding payment of maternity leave after 12 weeks to 26 weeks as per the amended law is whether the claimant woman employee has obtained a medical fitness certificate from the authorized medical officer before joining her duties? If so, how can she now claim an extension of her maternity benefit after 12 weeks when she has now been medically declared fit and joined her duties?
From India, Noida
Acknowledge(0)
Amend(0)
9652. But the main question at this stage regarding payment of maternity leave after 12 weeks to 26 weeks as per the amended law is whether the claimant woman employee has obtained a medical fitness certificate from the authorized medical officer before joining her duties? If so, how can she now claim an extension of her maternity benefit after 12 weeks when she has now been medically declared fit and joined her duties?
From India, Noida
Acknowledge(0)Amend(0)
If you were denied the leave and were forced to rejoin, the company is liable to give you the remaining paid leave or give you monetary compensation equal to the paid leave denied. Whether to exercise and how, you need to follow the decision tree given by Divekar, sir.
From India, Mumbai
Acknowledge(0)Amend(0)
From India, Mumbai
Acknowledge(0)Amend(0)
One of the mandatory requirements of this new amendment is that it has to be socialized to all women employees and also displayed on the notice board prominently. You could raise this point with HR. I guess you have enough points now to take up the matter. Ensure that everything is in writing. Like Dinesh has mentioned, follow the protocol of first going to the head of HR. And keep us posted about the outcome.
From United+States, San+Francisco
Acknowledge(0)Amend(0)
From United+States, San+Francisco
Acknowledge(0)Amend(0)
Thanks for the clarification. I had to join the office as there was no clarification from HR. I am not aware if any medical certificate is needed for fitness before joining the office after Maternity Leave. I am fighting for leaves not because I am medically unfit; I am doing so because I don't want to deny my child breastfeeding.
From India, Delhi
Acknowledge(0)Amend(0)
From India, Delhi
Acknowledge(0)Amend(0)
I had a meeting with the Labour Compliance team of my organization, and I was advised that the organization has not received the notarized amendment from the labor department; hence, they are not liable to amend the policy. I was informed that I can go to court if I want; however, the organization will fight it as the press notification is not legally binding on them.
From India, Delhi
Acknowledge(0)Amend(0)
From India, Delhi
Acknowledge(0)Amend(0)
There are two options:
a) Ask your labor compliance team to get a legal opinion.
b) Take it up with the statutory authorities.
The fact that your company has been willing to discuss this matter shows that they are open. Hence, it should be easy to convince them to get a legal opinion.
From United+States, San+Francisco
Acknowledge(0)Amend(0)
a) Ask your labor compliance team to get a legal opinion.
b) Take it up with the statutory authorities.
The fact that your company has been willing to discuss this matter shows that they are open. Hence, it should be easy to convince them to get a legal opinion.
From United+States, San+Francisco
Acknowledge(0)Amend(0)
Your office compliance team is a bunch of idiots. Any joker who claims that the government press note is not enforceable or that they have not got a notarized copy of the amendment should not be holding that post. It seems the only option you have is to file a complaint with the labor commissioner of your area. A show cause by him to the MD will probably make them turn their tails and run.
From India, Mumbai
Acknowledge(0)Amend(0)
From India, Mumbai
Acknowledge(0)Amend(0)
Thanks for everyone's support. I am giving up my fight for an extension of my leaves. It's sheer apathy of the organization and carelessness of the government in not notifying organizations correctly, which is impacting people like me. I read a similar case in a newspaper where a school teacher in Delhi has filed a court case as she was also denied her rights. The high court has issued a notice to the State and Central Government as she was informed that the Government has not issued a Legal Notification, and the case is up for a hearing on the 9th of October.
It will be too late for me as my six-month period will end in August. Organizations would take all the time in the world to celebrate Mother's Day but cannot grant leaves to a mother, which is her right. Thanks, everyone, for the support.
This discussion helped me put my case strongly across to management; however, I can't go to the Labour Commissioner as it will not be anonymous, and I don't want to spoil my career. It feels so helpless to bear all this.
From India, Delhi
Acknowledge(0)Amend(0)
It will be too late for me as my six-month period will end in August. Organizations would take all the time in the world to celebrate Mother's Day but cannot grant leaves to a mother, which is her right. Thanks, everyone, for the support.
This discussion helped me put my case strongly across to management; however, I can't go to the Labour Commissioner as it will not be anonymous, and I don't want to spoil my career. It feels so helpless to bear all this.
From India, Delhi
Acknowledge(0)Amend(0)
That's sad. Even if you give up your fight, for the sake of fair play and equity to your colleagues, I would suggest sending a letter to the labor commissioner stating that the MB Act has not been socialized to the lady employees. You can remain anonymous. The labor department will address this issue, and by default, you could benefit, as once it's socialized, you could assert your claim.
From United+States, San+Francisco
Acknowledge(0)Amend(0)
From United+States, San+Francisco
Acknowledge(0)Amend(0)
Strictly speaking, you are eligible. By the time the amendment is effected and you were still on maternity leave, you have the liberty to utilize the same. Because you have joined, which means that you have become fit for work, and therefore, it is not necessary to provide additional leave to you by the management. If, in any case, you were required to extend the leave before joining your duties on the grounds of ill health, this would have been a boon to you to extend for the remaining period. According to the recent notification of the Government of India, the extension was applicable since 1-4-2017, and this is applicable to those who were already on such leave and had not yet joined their duties. Since your prenatal period was earlier than the notification, you are eligible only for the postnatal period of 13 weeks. Out of which, you have already utilized 6 weeks as per the old system. Now you regret that you have lost the seven weeks of the second half. A little delay occurred, which made your management take a sideways approach in your case. If you raise a dispute before a labor department quasi-judicial authority, there may be chances of your winning, but it may be at the cost of your job. At least now, try to get a medical certificate from the concerned doctor or from ESI, if your establishment is covered under ESI, for an extension of leave on the grounds of a recurrence of the problem.
kesavapanda@gmail.com.
From India, Visakhapatnam
Acknowledge(0)Amend(0)
kesavapanda@gmail.com.
From India, Visakhapatnam
Acknowledge(0)Amend(0)Engage with peers to discuss and resolve work and business challenges collaboratively - share and document your knowledge. Our AI-powered platform, features real-time fact-checking, peer reviews, and an extensive historical knowledge base. - Join & Be Part Of Our Community.
Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf