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Dear Niyati,
It's clear that an employer cann't terminate an employee on such conditions. And he is liable to pay for six weeks before & six week after the delivery. Inspite of this employer will have to pay additional one month incase she shows proof of illness due to pregnancy. An employer will never deny for above liability. Incase more than these period , its there is no liability of employer. That's depend on employer he can allow or not. But an employer will never abstruct her name from Muster roll till she shows proof of illness from a certified doctors.
For detais you may read the Maternity benefit Act 1961.
Thanks & Regards
Ranjeet
From India, New Delhi
It's clear that an employer cann't terminate an employee on such conditions. And he is liable to pay for six weeks before & six week after the delivery. Inspite of this employer will have to pay additional one month incase she shows proof of illness due to pregnancy. An employer will never deny for above liability. Incase more than these period , its there is no liability of employer. That's depend on employer he can allow or not. But an employer will never abstruct her name from Muster roll till she shows proof of illness from a certified doctors.
For detais you may read the Maternity benefit Act 1961.
Thanks & Regards
Ranjeet
From India, New Delhi
hai first u did'not menctioned that 60 days EL's is not availed up to 20th november , up to how many days ur company can grant the EL's. first u menction the details about that lady is she covered under ESI or not .
ok my suggestion is forst u give EL's to her and those El's covered 2 months,and next take 12 Weeks metarnary leave it covered 3 months so 5 months over next u planed to give SL's (EL's and SL's can give at a time but EL's must be compleated at that tome) and then u put her in LOP's.
ok bye
Harsha
Hyderabad
ok my suggestion is forst u give EL's to her and those El's covered 2 months,and next take 12 Weeks metarnary leave it covered 3 months so 5 months over next u planed to give SL's (EL's and SL's can give at a time but EL's must be compleated at that tome) and then u put her in LOP's.
ok bye
Harsha
Hyderabad
Hi,
Its not a much complicated issue. I feel,
Let that person resign from the service coz, as an HR professional, we have to think about the Employer as well the Employee.
Coz from the day first she has to take care, there is no guarantee that after 5 months she is going to be in a better position to come back to for duty...
Let her take care of the Baby and her life first... Once she have a normal and god blessed delivery, she can get back to the industry... coz getting a good job, now-a-days, is not that difficult, thats what i feel.
In this way, even the company also wont affect... instead of waiting for her, you can recruit a new person.... but councel her properly coz of her condition...
Cheers!!
Joe... Mumbai
From India, Mumbai
Its not a much complicated issue. I feel,
Let that person resign from the service coz, as an HR professional, we have to think about the Employer as well the Employee.
Coz from the day first she has to take care, there is no guarantee that after 5 months she is going to be in a better position to come back to for duty...
Let her take care of the Baby and her life first... Once she have a normal and god blessed delivery, she can get back to the industry... coz getting a good job, now-a-days, is not that difficult, thats what i feel.
In this way, even the company also wont affect... instead of waiting for her, you can recruit a new person.... but councel her properly coz of her condition...
Cheers!!
Joe... Mumbai
From India, Mumbai
Hi,
How is it that too many leave numbers are available on hand without lapse? CL lapses at the end of that year, SL can be accumulated upto 18 days, EL can go upto 20 days and how so many leave days on hand are mentioned by you? Please stick on to the rules. Based on this only you can work out her maternity period pay without loss of pay.
She can be paid for 12 weeks (6 months prior to and after delivery). So Basic(+DA) atleast should be paid for this period. In some companies the entire salary is considered for the calculation. Discuss with your higherups.
PF contribution is also done for the 12 weeks because she has no break of service and continues to be a contributuin member.
If for medical reasons, she wants extension, then she can be on service wihout salary or PF contribution. If ESI is covered then it will take care for the extended period. Anyway the discretion lies with the management.
Else think of a new appointment as the projects will not wait for her because she is also counted into man-hours though she is not available.
I am Manager-HR with BPO in Chennai.
Regards,
Chandru
From India, Madras
How is it that too many leave numbers are available on hand without lapse? CL lapses at the end of that year, SL can be accumulated upto 18 days, EL can go upto 20 days and how so many leave days on hand are mentioned by you? Please stick on to the rules. Based on this only you can work out her maternity period pay without loss of pay.
She can be paid for 12 weeks (6 months prior to and after delivery). So Basic(+DA) atleast should be paid for this period. In some companies the entire salary is considered for the calculation. Discuss with your higherups.
PF contribution is also done for the 12 weeks because she has no break of service and continues to be a contributuin member.
If for medical reasons, she wants extension, then she can be on service wihout salary or PF contribution. If ESI is covered then it will take care for the extended period. Anyway the discretion lies with the management.
Else think of a new appointment as the projects will not wait for her because she is also counted into man-hours though she is not available.
I am Manager-HR with BPO in Chennai.
Regards,
Chandru
From India, Madras
Thank you joe for your good suggestion. But I won't agree with you.
You have not taken into account her long service period into the company. You are thinking only one side.
As everybody knows now a days you can not get good employes. As our senior suggested we can appoint anybody as a temporary.
Regards,
Niyati
From India, Mumbai
You have not taken into account her long service period into the company. You are thinking only one side.
As everybody knows now a days you can not get good employes. As our senior suggested we can appoint anybody as a temporary.
Regards,
Niyati
From India, Mumbai
Thank you, Mr. Chandru,
In our company we have 2.5 day leave for every month and we can have 90 days leave in our account after this our leaves will lapes. So we don't have any SL or CL.
In our company we are have 3 months maternity leaves which is 12 weeks and in our company we are paying employee full salary.
But still such a long period management will consider or not has a doubt.
As a old employee she should get all benefits of maternity leave that's what I think.
Regards,
Niyati
From India, Mumbai
In our company we have 2.5 day leave for every month and we can have 90 days leave in our account after this our leaves will lapes. So we don't have any SL or CL.
In our company we are have 3 months maternity leaves which is 12 weeks and in our company we are paying employee full salary.
But still such a long period management will consider or not has a doubt.
As a old employee she should get all benefits of maternity leave that's what I think.
Regards,
Niyati
From India, Mumbai
Dear Niyati,
Permission to go on leave for 9 months is too much. This may be applicable for someone in the board of directors and not for employees. Legally as per ESI grant this may be ok but practically speaking a company cannot keep the project at abeyance just for her.
Temporary arrangement could be done with a condition that if the old employee does not feel fit to join in 9 months, the new recruit can be made permanent. A company cannot be compelled to keep her on rolls for such reasons.
This is the only option avilable right now.
Regards,
Chandru
From India, Madras
Permission to go on leave for 9 months is too much. This may be applicable for someone in the board of directors and not for employees. Legally as per ESI grant this may be ok but practically speaking a company cannot keep the project at abeyance just for her.
Temporary arrangement could be done with a condition that if the old employee does not feel fit to join in 9 months, the new recruit can be made permanent. A company cannot be compelled to keep her on rolls for such reasons.
This is the only option avilable right now.
Regards,
Chandru
From India, Madras
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