Hi All,
This thread is about a query regarding maternity leave. One of my friends, who is an IT professional, received a good job offer from a large MNC company while she was 3 months pregnant. She is now in a state of confusion about whether to join that company or not. She can join as soon as possible as she is currently idle.
Would there be any issues from the company's side if she joins them without disclosing her pregnancy and later informs them that she will need to take leave after 5 months?
Please advise.
Regards,
RK
From India, Kochi
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This thread is about a query regarding maternity leave. One of my friends, who is an IT professional, received a good job offer from a large MNC company while she was 3 months pregnant. She is now in a state of confusion about whether to join that company or not. She can join as soon as possible as she is currently idle.
Would there be any issues from the company's side if she joins them without disclosing her pregnancy and later informs them that she will need to take leave after 5 months?
Please advise.
Regards,
RK
From India, Kochi
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RK Nair,
In my opinion, tell your friend to be professional. Don't even think of hiding such a thing as it may create problems in the future. Suppose by hiding this information, she secures the job. What happens next? No doubt, she will be entitled to maternity leave, but her relationships with HR and management will be tarnished.
Inform them of the real situation and let them decide whether to recruit her or not. In this case, her professional attitude will strengthen her position. Hiding any information for personal gain, especially if it could pose problems for the company, is not a good practice.
Arun J.
From India, Hyderabad
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191In my opinion, tell your friend to be professional. Don't even think of hiding such a thing as it may create problems in the future. Suppose by hiding this information, she secures the job. What happens next? No doubt, she will be entitled to maternity leave, but her relationships with HR and management will be tarnished.
Inform them of the real situation and let them decide whether to recruit her or not. In this case, her professional attitude will strengthen her position. Hiding any information for personal gain, especially if it could pose problems for the company, is not a good practice.
Arun J.
From India, Hyderabad
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Dear Nair,
Please find the below clause ---
"No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit for a period of not less than one hundred and sixty days in the twelve months immediately preceding the date of her expected delivery."
As per the law, the employee should have worked there for at least 160 days preceding the date of expected delivery.
Regards, Snehalata
From India, Pune
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Please find the below clause ---
"No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit for a period of not less than one hundred and sixty days in the twelve months immediately preceding the date of her expected delivery."
As per the law, the employee should have worked there for at least 160 days preceding the date of expected delivery.
Regards, Snehalata
From India, Pune
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Dear Snehalata, Now it is eighty days in place of one hundred sixty days. Regards, R N KHOLA 09810405361
From India, Delhi
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From India, Delhi
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Dear R K Khola,
Thank you for adding to my knowledge. Please let me know where I can find the Revised & Amended Laws and Acts in India. Which website should I refer to?
Regards,
Snehalata Executive SBU HR
From India, Pune
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Thank you for adding to my knowledge. Please let me know where I can find the Revised & Amended Laws and Acts in India. Which website should I refer to?
Regards,
Snehalata Executive SBU HR
From India, Pune
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Dear Snehalata,
If, suppose, she has worked for 150 days only, 10 days less to complete 160 days, here she is not eligible. But in this case, most of management will allow her to get the maternity benefit. Nowadays, HR & Management also think from employees' point of view. Management will not deny the benefits only for 10 days.
Our management has given full benefits to one of our employees who has just worked for 103 days. I think management should not be stuck to the law; they must abide by the law if the employee is benefiting. It's HR's role to convince management.
Arun J.
From India, Hyderabad
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If, suppose, she has worked for 150 days only, 10 days less to complete 160 days, here she is not eligible. But in this case, most of management will allow her to get the maternity benefit. Nowadays, HR & Management also think from employees' point of view. Management will not deny the benefits only for 10 days.
Our management has given full benefits to one of our employees who has just worked for 103 days. I think management should not be stuck to the law; they must abide by the law if the employee is benefiting. It's HR's role to convince management.
Arun J.
From India, Hyderabad
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Dear RK,
The Act provisions have been very well discussed above. I would like to emphasize again the importance of professionalism. Your friend must disclose her pregnancy. If not, this will be detected during the mandatory medical examination before the acceptance of the joining report. If she reveals the truth, it is possible that her offer may be postponed or put on hold until after her delivery. However, if she conceals the truth and it is discovered later on, it may lead to the management losing faith and confidence in her. You can imagine the potential consequences.
Best wishes to you and your friend.
AK Jain
HR Personnel
NCL, CIL
From India, New+Delhi
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The Act provisions have been very well discussed above. I would like to emphasize again the importance of professionalism. Your friend must disclose her pregnancy. If not, this will be detected during the mandatory medical examination before the acceptance of the joining report. If she reveals the truth, it is possible that her offer may be postponed or put on hold until after her delivery. However, if she conceals the truth and it is discovered later on, it may lead to the management losing faith and confidence in her. You can imagine the potential consequences.
Best wishes to you and your friend.
AK Jain
HR Personnel
NCL, CIL
From India, New+Delhi
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As rightly pointed out by Sh. Khola, the qualifying period is now 80 days.
Please understand that if a female employee has already worked for 150 days or 103 days and is granted Maternity Leave, the Management is not showing any mercy or charity. They are complying with the laws, which they are bound to do.
As HR professionals, one should know all the legal compliances and abide by them. If the person who is required to guide the management on these aspects is not aware of them, one can imagine the havoc created.
REFERENCE:
THE MATERNITY BENEFIT ACT, 1961
ACT NO. 53 OF 1961
[12th December, 1961.]
Sec. 5 (2): No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit for a period of not less than 80 days in the twelve months immediately preceding the date of her expected delivery.
All are requested to go through the relevant Acts before giving any opinion on such matters. A wrong opinion/response can seriously jeopardize the situation for the person concerned.
I am attaching the MB Act 1961 herewith.
Warm regards.
From India, Delhi
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Please understand that if a female employee has already worked for 150 days or 103 days and is granted Maternity Leave, the Management is not showing any mercy or charity. They are complying with the laws, which they are bound to do.
As HR professionals, one should know all the legal compliances and abide by them. If the person who is required to guide the management on these aspects is not aware of them, one can imagine the havoc created.
REFERENCE:
THE MATERNITY BENEFIT ACT, 1961
ACT NO. 53 OF 1961
[12th December, 1961.]
Sec. 5 (2): No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit for a period of not less than 80 days in the twelve months immediately preceding the date of her expected delivery.
All are requested to go through the relevant Acts before giving any opinion on such matters. A wrong opinion/response can seriously jeopardize the situation for the person concerned.
I am attaching the MB Act 1961 herewith.
Warm regards.
From India, Delhi
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Dear RK Nair,
I beg to differ from the opinions expressed by others. Please see my post above on the Maternity Benefits Act.
The law does not deny employment to women who are three months pregnant.
You can tell your friend to join the company - the big MNC.
Big MNCs, big national companies, and PSU do not discriminate on this; as they declare themselves to be "Equal Opportunity Employers."
It is only the small companies who are penny-pinching by nature - who do not have any qualms about stealing the employees' benefits, even if it has been ordained by law, who will have issues with such things.
Maternity leave with benefits is the right of a female employee, as long as she fulfills the qualifying criteria.
To bar a woman from employment under such circumstances would amount to sexual discrimination as well as scant regard and respect for women-friendly laws.
As HR professionals, it is our moral duty to be just and fair rather than be puppets of convenience or law-breakers at the hands of a scrupulous management. Sorry to say this, but there is enough evidence in the form of posts in this forum.
Warm regards.
From India, Delhi
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I beg to differ from the opinions expressed by others. Please see my post above on the Maternity Benefits Act.
The law does not deny employment to women who are three months pregnant.
You can tell your friend to join the company - the big MNC.
Big MNCs, big national companies, and PSU do not discriminate on this; as they declare themselves to be "Equal Opportunity Employers."
It is only the small companies who are penny-pinching by nature - who do not have any qualms about stealing the employees' benefits, even if it has been ordained by law, who will have issues with such things.
Maternity leave with benefits is the right of a female employee, as long as she fulfills the qualifying criteria.
To bar a woman from employment under such circumstances would amount to sexual discrimination as well as scant regard and respect for women-friendly laws.
As HR professionals, it is our moral duty to be just and fair rather than be puppets of convenience or law-breakers at the hands of a scrupulous management. Sorry to say this, but there is enough evidence in the form of posts in this forum.
Warm regards.
From India, Delhi
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She is eligible for benefits if she has worked for 80 days during the 12 months prior to confinement. But do not conceal the facts from the employer. Even today, there are employers (even MNCs are not saints in such matters) who are reluctant to appoint pregnant women. At most, they ask the women to join after delivery. Concealing the facts may be harmful later.
Varghese Mathew
9961266966
From India, Thiruvananthapuram
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Varghese Mathew
9961266966
From India, Thiruvananthapuram
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