Hi all, I need some legal advise.
Sector - healthcare
An employee worked for let's say 2 years. For migrating to another country, the we have to count the number of work hours, the employee had with us and inform the new employer abroad through a reference form. The employee has 6 months of maternity leave during her service and this was already mentioned in the employment certificate provided to her. Moreover this employee already submitted a copy of this to the prospective employer. Now the employee wants the maternity leave hours also to be included in her work hours. Our Management is hesitant to do this as it could turn out to be a fraudulent act.
Could you please let me know your thoughts and legal aspects. (humanitarian aspects can stay put)
Thanks
From India, Ernakulam
Sector - healthcare
An employee worked for let's say 2 years. For migrating to another country, the we have to count the number of work hours, the employee had with us and inform the new employer abroad through a reference form. The employee has 6 months of maternity leave during her service and this was already mentioned in the employment certificate provided to her. Moreover this employee already submitted a copy of this to the prospective employer. Now the employee wants the maternity leave hours also to be included in her work hours. Our Management is hesitant to do this as it could turn out to be a fraudulent act.
Could you please let me know your thoughts and legal aspects. (humanitarian aspects can stay put)
Thanks
From India, Ernakulam
Hi,
Normally in experience certificate /employment certificate only the tenure of employment will be mentioned and not about Maternity or any other breaks. However as it is already mentioned in the employment certificate and also as the employee had already submitted the copy of the same to her future employer it won't be advisable to include maternity leave hours along with her actual work hours. If you do so average work hours for 1.5 years will be more ( when calculated on daily basis excluding week off) She being Female Employee this might crop up unwanted issues and it would be prudent to stick on to actual work hours.
From India, Madras
941Normally in experience certificate /employment certificate only the tenure of employment will be mentioned and not about Maternity or any other breaks. However as it is already mentioned in the employment certificate and also as the employee had already submitted the copy of the same to her future employer it won't be advisable to include maternity leave hours along with her actual work hours. If you do so average work hours for 1.5 years will be more ( when calculated on daily basis excluding week off) She being Female Employee this might crop up unwanted issues and it would be prudent to stick on to actual work hours.
From India, Madras
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Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf