Dear All,
There is a typical case in study now.
A lady went on Maternity Leave for 3 months. During this time, her annual appraisal fell due. Once she was back in office, she asked for her appraisal to be done. She was asked to serve 3 months to complete her 12 month period and then only a formal annual appraisal cud be met.
Scene 1: She has to complete 12 months and then only appraisal can be done
Scene 2: She should be appraised for 9 months just when she joins.
Scene 3: The increment arrears due to her should include the 3 months she was on Maternity Leave as ML is her entitlement
Scene 4: Now, that she will complete the 3 months back in Office, she should be paid arrears for 12 months or should include the 3 months of ML
Pls respond and lets share our views.
Thanks!
Kanishka
From India, New Delhi
There is a typical case in study now.
A lady went on Maternity Leave for 3 months. During this time, her annual appraisal fell due. Once she was back in office, she asked for her appraisal to be done. She was asked to serve 3 months to complete her 12 month period and then only a formal annual appraisal cud be met.
Scene 1: She has to complete 12 months and then only appraisal can be done
Scene 2: She should be appraised for 9 months just when she joins.
Scene 3: The increment arrears due to her should include the 3 months she was on Maternity Leave as ML is her entitlement
Scene 4: Now, that she will complete the 3 months back in Office, she should be paid arrears for 12 months or should include the 3 months of ML
Pls respond and lets share our views.
Thanks!
Kanishka
From India, New Delhi
Hey Kanishk,
Thanks for this wonderful case study.
ya!!! ML is one's entitlement and that period is very much and sshould be counted in the period as she is on an official and paid leave.
So she is very much entitled to the arrears for the three months including the duratio when she was on leave
Now this can be analogous to the weekly offs. We pay an individual for working for 30 / 31 days of the month, whereas effectively it is 22 ( 5 days week ) and 26 ( 6 days week) .
so that should be fine.
monika
From India, Delhi
Thanks for this wonderful case study.
ya!!! ML is one's entitlement and that period is very much and sshould be counted in the period as she is on an official and paid leave.
So she is very much entitled to the arrears for the three months including the duratio when she was on leave
Now this can be analogous to the weekly offs. We pay an individual for working for 30 / 31 days of the month, whereas effectively it is 22 ( 5 days week ) and 26 ( 6 days week) .
so that should be fine.
monika
From India, Delhi
Thanks Monika for your revert.... I am looing at some more responses to form a generalised comment and a logical conclusion... guys, pls help me! Thanks! Kanishka
From India, New Delhi
From India, New Delhi
Lovely scene indeed!
The poor lady goes thru all the pains of motherhood & then back in office she's been treated this way!
What is the company's policy on appraisal?
I can share our practice:
Our cycle is April-March. Suppose some staff works for only 9 months during that cycle, we will assess the performance for those 9 months. If it happens to be "excellent", a rating of "5" (highest possible) is given. This is what we call "absolute rating"
However, considering that the person could not contribute for a considerable period, there is always a "relative rating" done in which case, subject to comparison with other group members, the staff's contribution has been affected due to his/her absence, the rating gets revised to "4" or "3'. Accordingly the Variable Pay is sanctioned.
But we make it a point to give positive f/b to the staff about his/her performance including sharing the absolute rating & the relative rating.
The poor lady goes thru all the pains of motherhood & then back in office she's been treated this way!
What is the company's policy on appraisal?
I can share our practice:
Our cycle is April-March. Suppose some staff works for only 9 months during that cycle, we will assess the performance for those 9 months. If it happens to be "excellent", a rating of "5" (highest possible) is given. This is what we call "absolute rating"
However, considering that the person could not contribute for a considerable period, there is always a "relative rating" done in which case, subject to comparison with other group members, the staff's contribution has been affected due to his/her absence, the rating gets revised to "4" or "3'. Accordingly the Variable Pay is sanctioned.
But we make it a point to give positive f/b to the staff about his/her performance including sharing the absolute rating & the relative rating.
Hi Kanishka
In my opinion
1. If appraisal is annual appraisal then she has to render complete 12 months of services to organisation.In this case performance is to be adjudge on the basis of output given by an employee during the 12 months period against the assigned tasks/ work. So if this is the case then she has to complete 12 months of service to become entitled for annual appraisal.
On the compassionate grounds one can consider the performance during the last nine month , but if certain para meters are there then she has to complete the period for appraisal.
2. She can be given incremental benefits based on her performance during last nine months of service with effect from the date of rejoining the duties.
There is no second thought that legally this maternity leave period is to be considered as a part of regular service but at the same time employer is not bound to give increment for the period for which s/he has not performed the duties.
3. Again certain organisations keep in mind while giving such benefits the position of employee. That is also a major factor which plays a bigger role. The sense of responsibility of employee towards its company / organisation make an employee eligible for benefits which are discretionary in nature.
4. In the last if thinking of management is of annual appraisal and employee has also completed the 12 months of service excluding period of maternity leave and has performed in accordance with the expectations of management, increment can be granted retrospective effects. This is to keep morale of employee high and impact of the same on others.
Do you agree with this.
Anil Anand
From India, New Delhi
36In my opinion
1. If appraisal is annual appraisal then she has to render complete 12 months of services to organisation.In this case performance is to be adjudge on the basis of output given by an employee during the 12 months period against the assigned tasks/ work. So if this is the case then she has to complete 12 months of service to become entitled for annual appraisal.
On the compassionate grounds one can consider the performance during the last nine month , but if certain para meters are there then she has to complete the period for appraisal.
2. She can be given incremental benefits based on her performance during last nine months of service with effect from the date of rejoining the duties.
There is no second thought that legally this maternity leave period is to be considered as a part of regular service but at the same time employer is not bound to give increment for the period for which s/he has not performed the duties.
3. Again certain organisations keep in mind while giving such benefits the position of employee. That is also a major factor which plays a bigger role. The sense of responsibility of employee towards its company / organisation make an employee eligible for benefits which are discretionary in nature.
4. In the last if thinking of management is of annual appraisal and employee has also completed the 12 months of service excluding period of maternity leave and has performed in accordance with the expectations of management, increment can be granted retrospective effects. This is to keep morale of employee high and impact of the same on others.
Do you agree with this.
Anil Anand
From India, New Delhi
Hi All, this is a very nice case study. I would say as per the governing law body for Females working in the organisation, rules are been made as extraordinary rules, like MTL, etc.
In my case her annual appraisal must not be stopped only just because she has under MTL, hence her appraisal must be done keeping in view of her 9 months of work performance.
Looking forward for all your response on this. My question is why organisation asks to cover her 3 month, which the organisation itself has granted leave to her for her full completion of her maternity process. Although it is a biological process, hence i am stick to the above points.
In my case her annual appraisal must not be stopped only just because she has under MTL, hence her appraisal must be done keeping in view of her 9 months of work performance.
Looking forward for all your response on this. My question is why organisation asks to cover her 3 month, which the organisation itself has granted leave to her for her full completion of her maternity process. Although it is a biological process, hence i am stick to the above points.
Dear Joshinand
I fully agree with comments that management has sanctioned the MTL and further it is biological process but from HR management point of view we should not mix both the matters i.e leave with performance.
Sanctioning leave does not mean that your performance targets stands revised. Actually in absenceof one ,some one else has performed the duty of absentee. Functions performed by two individuals can never be clubbed for the purposes of performance appraisal of one individual. Benefits can only be extended ,if one's performance is within the parameters set forth.
Under such situations emotions do play a role but only to an extent and not beyond that.
Leave is altogether a different issue, MTL involves stautory compliance under ESI or Maternity benefit act. where as performance appraisal is an internal mangement issue. It is philosphy of the management and for the appraiser to decide and extend the incrmental benefits.
I hope you also agree with this.
Regards
Anil Anand
From India, New Delhi
I fully agree with comments that management has sanctioned the MTL and further it is biological process but from HR management point of view we should not mix both the matters i.e leave with performance.
Sanctioning leave does not mean that your performance targets stands revised. Actually in absenceof one ,some one else has performed the duty of absentee. Functions performed by two individuals can never be clubbed for the purposes of performance appraisal of one individual. Benefits can only be extended ,if one's performance is within the parameters set forth.
Under such situations emotions do play a role but only to an extent and not beyond that.
Leave is altogether a different issue, MTL involves stautory compliance under ESI or Maternity benefit act. where as performance appraisal is an internal mangement issue. It is philosphy of the management and for the appraiser to decide and extend the incrmental benefits.
I hope you also agree with this.
Regards
Anil Anand
From India, New Delhi
Employees on ML are entitled for the same benefits as other employees. We shud not discreminate the performance pay-out just because employee has availed ML. My view on this are as under :
a) Period to be appraised : 9 months
b) Increment to be for 12 months
Vineet
a) Period to be appraised : 9 months
b) Increment to be for 12 months
Vineet
Dear Vineet
I respect your opinion but
Management decisions are required to be on rational basis supported with logics covering future developments. If allow a wrong decision today the chain will end in multiplication of wrong decisions. Again it is philosophy of management to pay benefits after nine months or only after completion of 12 months. If mananagement wants to pay no body can stop this and also if management don't consider the same , number of logics are available for that. Choice is individual.
Have a thought on this.
Anil Anand
From India, New Delhi
I respect your opinion but
Management decisions are required to be on rational basis supported with logics covering future developments. If allow a wrong decision today the chain will end in multiplication of wrong decisions. Again it is philosophy of management to pay benefits after nine months or only after completion of 12 months. If mananagement wants to pay no body can stop this and also if management don't consider the same , number of logics are available for that. Choice is individual.
Have a thought on this.
Anil Anand
From India, New Delhi
In our company, appraisals are done every year when a person completes a year of service - the appraisals are not done in fixed periods. If a lady employees takes LOP leave after completing her maternity leave, what should be done in the given scenereo?
1. Appraisal for this employee is in August every year
2. She was on Maternity Leave from March to May.
3. She was on LOP from June to August.
4. Now her annual increment - should it be from September when she reports back to work OR
5. should it be from October as she was on LOP for 3 months?
From India, Bengaluru
1. Appraisal for this employee is in August every year
2. She was on Maternity Leave from March to May.
3. She was on LOP from June to August.
4. Now her annual increment - should it be from September when she reports back to work OR
5. should it be from October as she was on LOP for 3 months?
From India, Bengaluru
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Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf