As per my company's Employee Handbook, if anyone takes 3 months maternity leave. She has to mandatorily serve a 6 month period with the company after completion of maternity leave. In my case I applied for 6 month maternity leave & HR reverted me saying then you have to serve a minimum period of 1 year with us after leave completion. If you leave early or didn't join back, you will have to pay us 3 month salary(company given as maternity benefit)+1 month notice period salary. This mail I got after my baby was born. As I was not in a position to check with other I just replied with 'yes I agree with the terms & conditions'. I rejoined back after 6 month. But it takes 3-4 hrs to go & come back from office + 9.5 working hrs.So I remain away from my baby for 12- 13 hrs. So, I want to leave this job & work at some nearby place. So,do I need to repay the whole amount to my company?
From India, New Delhi
1From India, New Delhi
Dear, Maternity law have no such clause, you can resigne when ever you want. Ask your HR to study the law or consult any one else. You are free to resigned and take care your baby first. Thanks
From India, Rohtak
From India, Rohtak
Legally no such binding clauses can be forced upon employee.
You need to informHR that their actions will be contrary to laid down law and will create legal hassles for the company,if some employee takes up the matter with Labour Officer of the area.
From India, Pune
You need to informHR that their actions will be contrary to laid down law and will create legal hassles for the company,if some employee takes up the matter with Labour Officer of the area.
From India, Pune
The said condition vilotes the Maternity Benefits Act. One cannot lay down a condition for taking a maternity leave.
This is unlawful and unethical. You can take up the matter with the local labour office, if the HR and the Management, says that this are the rules and you need to follow them.
Regards,
Ashutosh Thakre
From India, Mumbai
This is unlawful and unethical. You can take up the matter with the local labour office, if the HR and the Management, says that this are the rules and you need to follow them.
Regards,
Ashutosh Thakre
From India, Mumbai
Agreed, there is no clause in the law saying you need to repay your maternity leave by working extra months.
Also you need you relook at your employee handbook for any rules that not complying to labour law.
From Malaysia, Kuala Lumpur
Also you need you relook at your employee handbook for any rules that not complying to labour law.
From Malaysia, Kuala Lumpur
Is there any written communication about working for a year, You were on leave for 6months so all leaves might not be paid one, Give us the correct information then only I can help
From India, Pune
From India, Pune
HR has told me by mail that I have to mandatorily serve a minimum period of 1 year with company. I was provided salary for 3 months & 3 months leave was unpaid.
From India, New Delhi
From India, New Delhi
Report the matter to the labour commissioner of the area. Produce this email to the official and ask him to intervene. Your HR is not complying with labour law by this interpretation.
From India, Pune
From India, Pune
Hello Bhuvi,
Like other members mentioned, this is not just illegal but also taking advantage of the employee's situation by the Company.
Even by the Company's own logic, they should be asking you to pay back '3 month salary(company given as maternity benefit)+1 month notice period salary'---given that 3 months was unpaid leave in your case.
Just go ahead & report.....OR try informing the Company that your family is asking you to take things legal & see their response/reaction. Sometimes, this works......when the other side know they are NOT on the right side of law. And you have the communications in-writing.
All the Best.
Rgds,
TS
From India, Hyderabad
Like other members mentioned, this is not just illegal but also taking advantage of the employee's situation by the Company.
Even by the Company's own logic, they should be asking you to pay back '3 month salary(company given as maternity benefit)+1 month notice period salary'---given that 3 months was unpaid leave in your case.
Just go ahead & report.....OR try informing the Company that your family is asking you to take things legal & see their response/reaction. Sometimes, this works......when the other side know they are NOT on the right side of law. And you have the communications in-writing.
All the Best.
Rgds,
TS
From India, Hyderabad
As TS and other members advice/said,just write to the company that you are seeking clarification on their demand from labour office. Also add that the email will be an attachment in your application seeking clarification about maternity benefit payments and company stipulations that employee cannot leave for----- months if they take maternity benefit payments.
This will bring out true response from company.
HR will probably coming running and ask you not to take legal action.
From India, Pune
This will bring out true response from company.
HR will probably coming running and ask you not to take legal action.
From India, Pune
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf