Organization has implemented a leave policy in which it is mentioned that trainees on the roll and employees on fixed-term contracts shall not be entitled to Maternity Leave or Advance Earned Leave. Is this policy compliant with maternity laws? Is the leave policy appropriate?
From India, Ahmadabad
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76From India, Ahmadabad
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All employees, irrespective of their category, are entitled to maternity benefits under the ESI Act and Maternity Benefits Act. No organization can distinguish between employees for maternity benefits under the ESI Act and Maternity Benefits Act. Earned leave is applicable as per the Shops and Establishment Act and Factory Act.
Regards,
Kamal
From India, Pune
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Regards,
Kamal
From India, Pune
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Dear Mr Bhardwaj Kamal is absolutely right.individual can not be deprived of maternity leave on the casual,fixed term employee.
From India, Delhi
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From India, Delhi
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Dear Bhardwaj,
No organization can deny maternity leave for a female employee. Only when the female employee has not completed 80 working days in the organization can they be denied maternity pay, but not maternity leave (leave will be calculated as LOP).
Moreover, trainees/apprentices can be given maternity leave without pay/stipend, and the period can be extended.
From India, Mumbai
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No organization can deny maternity leave for a female employee. Only when the female employee has not completed 80 working days in the organization can they be denied maternity pay, but not maternity leave (leave will be calculated as LOP).
Moreover, trainees/apprentices can be given maternity leave without pay/stipend, and the period can be extended.
From India, Mumbai
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Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf