Hi All,
Greetings of the day!
Query - I am here to take your valuable insights about an issue which I've faced recently.
I work for an IT Company. An employee is in her Maternity period. She is eight months pregnant. She has joined us in May '16.
According to HR manual, her probation period will end in the mid-week of November. Her delivery is due in the mid-week of December '16.
We do a performance review after every 3 months in the probation period (i.e., 6 months after joining). But her rating on the performance sheet is below average.
HR has informed her halfway (and in a very polite manner, considering her pregnancy) to improve her performance. But she hasn't improved her performance.
After reviewing her performance, she was asked to resign, but she will be entitled to Maternity benefits (of our Health insurance plan).
The company will support her in every manner but cannot provide her with a confirmation letter of employment as her performance is below average.
Management made this decision solely based on her performance factor. However, she has applied for maternity leave of 3 months. Kindly suggest us with your valuable insights on how HR should proceed in these types of situations.
II) Is she eligible for ESI maternity benefits if she is in her probation period?
"Apart from this, the Company is providing her maternity coverage".
Please provide your suggestions.
From India, Delhi
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13Greetings of the day!
Query - I am here to take your valuable insights about an issue which I've faced recently.
I work for an IT Company. An employee is in her Maternity period. She is eight months pregnant. She has joined us in May '16.
According to HR manual, her probation period will end in the mid-week of November. Her delivery is due in the mid-week of December '16.
We do a performance review after every 3 months in the probation period (i.e., 6 months after joining). But her rating on the performance sheet is below average.
HR has informed her halfway (and in a very polite manner, considering her pregnancy) to improve her performance. But she hasn't improved her performance.
After reviewing her performance, she was asked to resign, but she will be entitled to Maternity benefits (of our Health insurance plan).
The company will support her in every manner but cannot provide her with a confirmation letter of employment as her performance is below average.
Management made this decision solely based on her performance factor. However, she has applied for maternity leave of 3 months. Kindly suggest us with your valuable insights on how HR should proceed in these types of situations.
II) Is she eligible for ESI maternity benefits if she is in her probation period?
"Apart from this, the Company is providing her maternity coverage".
Please provide your suggestions.
From India, Delhi
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Everything depends on management. If management allows her to get benefits, then she will receive the benefit without confirmation even. She has to write to management one week before confirmation for a medical leave for one and a half months. She will get ESIC benefits provided the management signs Form 37 when needed, and Aadhar/bank are seeded in her E-pahchan card (TIC).
After the delivery, she can submit resignation, or if the management wishes so, they can keep the resignation in advance without a date.
If management accepts her leave application, then they do not have to confirm her, neither does she have to resign on the exact date, but can do it after leave as well. Discuss the matter with the employer; most of the time, HR/Employer are helpful.
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After the delivery, she can submit resignation, or if the management wishes so, they can keep the resignation in advance without a date.
If management accepts her leave application, then they do not have to confirm her, neither does she have to resign on the exact date, but can do it after leave as well. Discuss the matter with the employer; most of the time, HR/Employer are helpful.
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Dear member, please confirm whether the woman employee in respect of whom you have submitted facts in this thread is covered under ESI Act, 1948. And for how much period has she contributed/has the employer deposited her contribution?
Labour laws providing for maternity benefits to the working female employees have nowhere provided for any condition of regular or permanent employment for eligibility. A woman employee, even if under probation but has completed the minimum period of employment in the unit, is entitled to maternity benefit either from ESIC (based on minimum contributory conditions as laid down in ESI (Central) Rules, 1950) or from the employer in the case of the applicability of the Maternity Benefit Act, 1961 (if the condition of the minimum employment period has been completed by the claimant woman employee). Please refer to the said Acts to confirm the eligibility conditions.
From India, Noida
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Labour laws providing for maternity benefits to the working female employees have nowhere provided for any condition of regular or permanent employment for eligibility. A woman employee, even if under probation but has completed the minimum period of employment in the unit, is entitled to maternity benefit either from ESIC (based on minimum contributory conditions as laid down in ESI (Central) Rules, 1950) or from the employer in the case of the applicability of the Maternity Benefit Act, 1961 (if the condition of the minimum employment period has been completed by the claimant woman employee). Please refer to the said Acts to confirm the eligibility conditions.
From India, Noida
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As per your post, she joined in May 2016. If she completes 80 days of attendance in your company from the expected date of delivery, then she is eligible for maternity benefits as per the Act. (Also, she is eligible for ESI Maternity benefits)
From India, Chennai
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From India, Chennai
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Thanks for all your valuable suggestions. We haven't accepted her leave request for Maternity leave. Although she has applied for leave via email.
I want to ask one more thing. The company is liable to pay her salary for up to 3 months. Can you provide more information on this matter?
From India, Delhi
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I want to ask one more thing. The company is liable to pay her salary for up to 3 months. Can you provide more information on this matter?
From India, Delhi
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