I am working in an IT company. My company has sent an offer letter to a girl, and she accepted it. However, she mentioned that she is four months pregnant and plans to join the company from January 15th. After starting, she will require maternity leave starting from the end of March. She is inquiring whether the leave will be paid or unpaid. Also, she is asking if we can cancel her appointment. Please guide me on this matter.
Thank you.
From India, Pune
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1Thank you.
From India, Pune
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Dear Rahul,
Cancelling the offer solely because of maternity leave is unfair. Before offering the job, you have to verify those things. From your company's point of view, it will not be profitable because she might be in the training period after joining, and then she will go on maternity leave.
The company has the right to cancel the offer before joining, which may not be a big deal for you. However, the reason given is quite sensitive. Therefore, it is suggested to keep her offer on hold for now. Please convey this information to her and help her understand the situation.
Thank you.
From India, Chennai
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Cancelling the offer solely because of maternity leave is unfair. Before offering the job, you have to verify those things. From your company's point of view, it will not be profitable because she might be in the training period after joining, and then she will go on maternity leave.
The company has the right to cancel the offer before joining, which may not be a big deal for you. However, the reason given is quite sensitive. Therefore, it is suggested to keep her offer on hold for now. Please convey this information to her and help her understand the situation.
Thank you.
From India, Chennai
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I second Nijanthan C. If you have already offered her the job and she has accepted it, then it would be unfair to cancel it. What is the stance of the HOD/interviewer?
Last but not least, you can cancel the offer made to her by stating that you cannot hold her joining in January 2015 as you need to hire a person for immediate joining.
From India, Ahmadabad
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Last but not least, you can cancel the offer made to her by stating that you cannot hold her joining in January 2015 as you need to hire a person for immediate joining.
From India, Ahmadabad
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Thanks Nijanthan & saji Please clarify that for this case leave will be paid or unpaid ? b coz she will join on 5th Jan 2015 & will take leave from 20th March 15 Regards, Rahul
From India, Pune
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From India, Pune
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If she works for atleast 80 days in 12 months immediately proceeding the date of her expected date of delivery she is eligible for Maternity Benefits.
From India, Ahmadabad
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From India, Ahmadabad
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Dear Rahul,
As per the Maternity Benefit Act of 1961, no woman shall be entitled to maternity benefits unless she has actually worked in an establishment of the employer from whom she is claiming maternity benefits for a period of not less than one hundred and sixty days in the twelve months immediately preceding the date of her expected delivery.
May this information be of help to you.
Regards,
Anurag
From India, Hyderabad
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As per the Maternity Benefit Act of 1961, no woman shall be entitled to maternity benefits unless she has actually worked in an establishment of the employer from whom she is claiming maternity benefits for a period of not less than one hundred and sixty days in the twelve months immediately preceding the date of her expected delivery.
May this information be of help to you.
Regards,
Anurag
From India, Hyderabad
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Hi,
If she works for 80 days after joining, she is entitled to 12 weeks of maternity leave. If she has not revealed this fact at the time of the interview, you may cancel the offer letter. Furthermore, it is up to your organization to decide whether you can handle the workload in her absence for 12 weeks. Based on this, you may make a decision. The 12 weeks of leave will be paid.
Thank you.
From India, Mumbai
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If she works for 80 days after joining, she is entitled to 12 weeks of maternity leave. If she has not revealed this fact at the time of the interview, you may cancel the offer letter. Furthermore, it is up to your organization to decide whether you can handle the workload in her absence for 12 weeks. Based on this, you may make a decision. The 12 weeks of leave will be paid.
Thank you.
From India, Mumbai
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Dear Anurag please share the amendment if any with regards to 160 days in preceding 12 month instead of 80 days to update myself
From India, Ahmadabad
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From India, Ahmadabad
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It is a sensitive issue. It can crop up as gender discrimination, discrimination towards pregnant women.
The woman employee is eligible for maternity leave if she has worked in the establishment for 80 days before the expected date of delivery.
From India, Chandigarh
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The woman employee is eligible for maternity leave if she has worked in the establishment for 80 days before the expected date of delivery.
From India, Chandigarh
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