Hi,
My comments on the issue are as follows:
- As per the Maternity Benefit Act, the Management is under the obligation to provide the leave. Additionally, it is up to the magnanimity of the Management to make a decision based on the case without precedence for the future and after assessing the value of the concerned employee to the organization. However, caution should be exercised to ensure that it is not considered a right in the future.
- Another option is to explore the possibility of allowing the employee to work from home or to offer flexible working hours.
- If the organization permits giving advance leave against future earned leave, this can be done by obtaining an undertaking from the employee. The undertaking should state that in the event of the employee leaving the company before earning the leave, an amount equivalent to the advanced leave will be repaid to the organization by the employee.
Warm regards,
Premson
From India, Mangaluru
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3My comments on the issue are as follows:
- As per the Maternity Benefit Act, the Management is under the obligation to provide the leave. Additionally, it is up to the magnanimity of the Management to make a decision based on the case without precedence for the future and after assessing the value of the concerned employee to the organization. However, caution should be exercised to ensure that it is not considered a right in the future.
- Another option is to explore the possibility of allowing the employee to work from home or to offer flexible working hours.
- If the organization permits giving advance leave against future earned leave, this can be done by obtaining an undertaking from the employee. The undertaking should state that in the event of the employee leaving the company before earning the leave, an amount equivalent to the advanced leave will be repaid to the organization by the employee.
Warm regards,
Premson
From India, Mangaluru
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I agree to what Partha says. A lil empathy is wat she needs...... Is that so difficult....... :?: Normally organizations are known to encourage job rotation only to tide over such situations
From India
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From India
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Dear Jmratna,
You are not supposed to tell a person to discontinue legally.
Case 1:
Assess the worth of the employee - if she is truly a valuable asset to your organization, then allow her to take a "Leave Without Pay" and hire another person on a temporary basis.
Case 2:
If she is not considered valuable, then don't get emotional. Instead, ask her directly that the company will not approve a long leave for her. Let her know that after her recovery, if there are any vacancies, she may apply and rejoin.
Regards,
Pankaj Chandan
From India, New delhi
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You are not supposed to tell a person to discontinue legally.
Case 1:
Assess the worth of the employee - if she is truly a valuable asset to your organization, then allow her to take a "Leave Without Pay" and hire another person on a temporary basis.
Case 2:
If she is not considered valuable, then don't get emotional. Instead, ask her directly that the company will not approve a long leave for her. Let her know that after her recovery, if there are any vacancies, she may apply and rejoin.
Regards,
Pankaj Chandan
From India, New delhi
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Dear Ratna,
We all have given our inputs on the topic, but at the end of the day, you have to decide with discretion what is best for the organization.
"Remember, employees make the organization; the organization doesn't manufacture employees."
Last but not least suggestion: Ask the pregnant employee to send you all relevant medical document photocopies in support of her doctor's advice for complete bed rest. If necessary, please allow her to proceed on leave without pay until she plans her maternity leave.
Regards,
Shiv
From India, New+Delhi
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We all have given our inputs on the topic, but at the end of the day, you have to decide with discretion what is best for the organization.
"Remember, employees make the organization; the organization doesn't manufacture employees."
Last but not least suggestion: Ask the pregnant employee to send you all relevant medical document photocopies in support of her doctor's advice for complete bed rest. If necessary, please allow her to proceed on leave without pay until she plans her maternity leave.
Regards,
Shiv
From India, New+Delhi
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Hi Chum,
Thanks for the appreciation. I think this forum has a great opportunity, and we - you, Rahul, Priya, Ash, Peer, and not to mention our all other CHR friends, who find guidance through exploring various options & ideas shared through these discussions, will definitely contribute to the changing HR scenario in India.
Also, I will take an opportunity to acknowledge our mentors in the likeness of Mr. Mallik & numerous others (forgive me if I am not mentioning their names here) who have been in this forum guiding many future HR leaders.
It's not necessary that everybody knows everything, but for all other things, we have you & Cite HR!
Regards,
Jayesh
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Thanks for the appreciation. I think this forum has a great opportunity, and we - you, Rahul, Priya, Ash, Peer, and not to mention our all other CHR friends, who find guidance through exploring various options & ideas shared through these discussions, will definitely contribute to the changing HR scenario in India.
Also, I will take an opportunity to acknowledge our mentors in the likeness of Mr. Mallik & numerous others (forgive me if I am not mentioning their names here) who have been in this forum guiding many future HR leaders.
It's not necessary that everybody knows everything, but for all other things, we have you & Cite HR!
Regards,
Jayesh
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Dear,
The best option is to hire a temporary employee for a period of six months (not on the payroll) and inform the person that it's a temporary job. When our employee returns, if you have any tasks for the temporary employee, you can assign work. In a scenario where your employee does not return within a year, you can consider making the temporary employee permanent.
As a female, I can only suggest this approach because human resources mean understanding humans.
I hope Mr. Ravi understands the point – commenting is easy, but it should be done correctly.
We need to consider the situation and think about a woman's condition to better understand the circumstances. Pregnancy is a gift from God.
A similar situation occurred in our company when we had a new Front Office Executive who was one month pregnant. Initially, we were unaware, and she did not disclose her pregnancy. When she mentioned she was five months pregnant, she planned to work until the eighth month and then take a six-month leave. Our leave policy did not include paid maternity leave, so we accommodated her requests for 10-15 days off. As the reception needed coverage, we hired a new employee, explicitly telling her it was a six-month position. The new receptionist was trained well by the departing employee. Despite the original receptionist not returning to work, we faced no issues because the replacement was competent. When the original receptionist returns, she can join us, and we can assign the temporary employee to another department.
Problem solved.
In the current recession, it is easier to find people for short-term positions as everyone needs money.
Thanks,
Sharmila
Manager HR
From India, Delhi
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The best option is to hire a temporary employee for a period of six months (not on the payroll) and inform the person that it's a temporary job. When our employee returns, if you have any tasks for the temporary employee, you can assign work. In a scenario where your employee does not return within a year, you can consider making the temporary employee permanent.
As a female, I can only suggest this approach because human resources mean understanding humans.
I hope Mr. Ravi understands the point – commenting is easy, but it should be done correctly.
We need to consider the situation and think about a woman's condition to better understand the circumstances. Pregnancy is a gift from God.
A similar situation occurred in our company when we had a new Front Office Executive who was one month pregnant. Initially, we were unaware, and she did not disclose her pregnancy. When she mentioned she was five months pregnant, she planned to work until the eighth month and then take a six-month leave. Our leave policy did not include paid maternity leave, so we accommodated her requests for 10-15 days off. As the reception needed coverage, we hired a new employee, explicitly telling her it was a six-month position. The new receptionist was trained well by the departing employee. Despite the original receptionist not returning to work, we faced no issues because the replacement was competent. When the original receptionist returns, she can join us, and we can assign the temporary employee to another department.
Problem solved.
In the current recession, it is easier to find people for short-term positions as everyone needs money.
Thanks,
Sharmila
Manager HR
From India, Delhi
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Dear All,
Termination in the case of pregnancy is not illegal. When a woman is not in good health during pregnancy, she cannot be forced to work, nor can she be terminated. Here is a proposed solution:
1) Ask her to provide the medical reports from her check-ups.
2) Consult the doctor she is seeing to estimate the time she will need.
3) Inquire if the employee can work from home.
4) Evaluate the necessity of her role; if it is critical, consider hiring a project trainee to fulfill the tasks. If the work is less critical and requires fewer skills, redistribute the workload among other employees.
Implementing these steps will not only save costs for the company but also allow another person to step up and share responsibilities. It is important to remember that we cannot terminate an employee due to maternity leaves.
I hope this clarifies things for everyone.
Remember: We cannot terminate an employee because of their maternity leave.
From India, Madurai
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Termination in the case of pregnancy is not illegal. When a woman is not in good health during pregnancy, she cannot be forced to work, nor can she be terminated. Here is a proposed solution:
1) Ask her to provide the medical reports from her check-ups.
2) Consult the doctor she is seeing to estimate the time she will need.
3) Inquire if the employee can work from home.
4) Evaluate the necessity of her role; if it is critical, consider hiring a project trainee to fulfill the tasks. If the work is less critical and requires fewer skills, redistribute the workload among other employees.
Implementing these steps will not only save costs for the company but also allow another person to step up and share responsibilities. It is important to remember that we cannot terminate an employee due to maternity leaves.
I hope this clarifies things for everyone.
Remember: We cannot terminate an employee because of their maternity leave.
From India, Madurai
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