Dear Fellows,
Lets assume that this passed bill is assented and Gazette Notification is issued on 21st March. It will be effective right from 21st March itself (if that is mentioned in Gazette Notification).
But will these amendments be applicable to employees who are still on leave till 30th March (after utilizing original 3 months maternity, 1 month special maternity, casual leaves, sick leaves, etc.)? Employee has not joined office yet but currently on leave utilizing her casual, sick leaves.
Please suggest.
Thanks
From India, Mumbai
Lets assume that this passed bill is assented and Gazette Notification is issued on 21st March. It will be effective right from 21st March itself (if that is mentioned in Gazette Notification).
But will these amendments be applicable to employees who are still on leave till 30th March (after utilizing original 3 months maternity, 1 month special maternity, casual leaves, sick leaves, etc.)? Employee has not joined office yet but currently on leave utilizing her casual, sick leaves.
Please suggest.
Thanks
From India, Mumbai
Hi, Will this amendment be applicable for women employees who have currently extended their ML by using their other types of leave like PL, as they have completed their 3 months in feb 2017.
From India, Chennai
From India, Chennai
can any one suggest how do we announce the maternity policy changes(need the draft) in our organisation please
From India, Hyderabad
1From India, Hyderabad
Effective date is April 1, 2017 All women currently in maternity leave will be eligible for the extended leave
From India, Mumbai
From India, Mumbai
Women employees who have already availed 12 weeks' maternity leave cannot get this extended benefit. At the same time, as Saswata has said, those who are on maternity leave as on 1st April, 2017, shall get the benefit of 26 weeks though at the time of starting the leave she was under 12 weeks' leave.
In the case of employees who have completed their maternity leave in February, but are on PL or other leave as given by the employer, the above will not apply since they are not on maternity leave as on 1st April, 2017 but on some other leave granting of which is purely a management prerogative. Moreover, in such cases it should be presumed that after availing 12 weeks' maternity leave, she should have rejoined the company and has taken the PL or other leaves. Even if the employee was given PL in continuation of maternity leave, she cannot be under maternity leave but her the status as on 1st April, 2017 will be under PL.
Please find a clarification given by the ministry about such issues.
Madhu.T.K
From India, Kannur
In the case of employees who have completed their maternity leave in February, but are on PL or other leave as given by the employer, the above will not apply since they are not on maternity leave as on 1st April, 2017 but on some other leave granting of which is purely a management prerogative. Moreover, in such cases it should be presumed that after availing 12 weeks' maternity leave, she should have rejoined the company and has taken the PL or other leaves. Even if the employee was given PL in continuation of maternity leave, she cannot be under maternity leave but her the status as on 1st April, 2017 will be under PL.
Please find a clarification given by the ministry about such issues.
Madhu.T.K
From India, Kannur
Thanks Sir for the Clarification. My issue is I was on Maternity Leave on 1st April, 22017, As per Law I am eligible for extended Leave benefit but My Company not allowing me. I have shown them this notice also, they have given very weird answer - they said Notice language is "can be extended" so that means it is only a suggestion not law... Pls advice what should I do in this condition.
From India, Delhi
From India, Delhi
There is nothing like "can be extended". It is true that the question was like whether maternity leave can be extended but the clarification is not like, it can be extended but it is very specific and is YES. What is wrong in it when you reply YES to a question whether you CAN do so?
Madhu.T.K
From India, Kannur
Madhu.T.K
From India, Kannur
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Maternity Benefit (Amendment) Bill 2016.pdf