Dear All,
We are currently in a fix for the below issue. An employee who has been working for more than 3 years had availed maternity leave, and all dues were paid properly as per the act. She had asked for rejoining as well, and we had informed her that she can rejoin at her convenience. After a few days when we followed up, she asked for an increment as well, and now she is adamant that she will not join if not given growth. We gave her one more week, but she has not joined. In this case, what do you think should happen? Any suggestions.
From India, Bengaluru
Acknowledge(0)
Amend(0)
We are currently in a fix for the below issue. An employee who has been working for more than 3 years had availed maternity leave, and all dues were paid properly as per the act. She had asked for rejoining as well, and we had informed her that she can rejoin at her convenience. After a few days when we followed up, she asked for an increment as well, and now she is adamant that she will not join if not given growth. We gave her one more week, but she has not joined. In this case, what do you think should happen? Any suggestions.
From India, Bengaluru
Acknowledge(0)Amend(0)
Dear Abhi,
I sometimes wonder how things work in a few companies. A female employee was on maternity leave. Upon completion of her leave, she must report for duty. You have stated that "She had asked for rejoining as well, and we had informed her that she can rejoin at her convenience." She can request an extension of leave that goes beyond maternity leave. However, even in that case, she must apply for a certain number of days, and upon completion of this period, she needs to resume her duties. Where is the question of bargaining here?
When she began discussing the annual increment, you could have explained that maternity leave and the annual increment are two separate issues. One has nothing to do with the other. Furthermore, the amount of the raise depends on performance. How can she demand an "X" percentage increase? What is the source of her negotiation power?
Please send her an official letter stating that she must return to her duties upon completion of her extended leave. Failure to report will be considered unauthorized absence, and appropriate disciplinary action will be taken against her. If she chooses to leave the company, she may do so; however, she must fulfill the required notice period, or it will be deemed misconduct. For further inquiries, please feel free to contact me.
Thanks,
Dinesh Divekar
From India, Bangalore
Acknowledge(0)Amend(0)
8032I sometimes wonder how things work in a few companies. A female employee was on maternity leave. Upon completion of her leave, she must report for duty. You have stated that "She had asked for rejoining as well, and we had informed her that she can rejoin at her convenience." She can request an extension of leave that goes beyond maternity leave. However, even in that case, she must apply for a certain number of days, and upon completion of this period, she needs to resume her duties. Where is the question of bargaining here?
When she began discussing the annual increment, you could have explained that maternity leave and the annual increment are two separate issues. One has nothing to do with the other. Furthermore, the amount of the raise depends on performance. How can she demand an "X" percentage increase? What is the source of her negotiation power?
Please send her an official letter stating that she must return to her duties upon completion of her extended leave. Failure to report will be considered unauthorized absence, and appropriate disciplinary action will be taken against her. If she chooses to leave the company, she may do so; however, she must fulfill the required notice period, or it will be deemed misconduct. For further inquiries, please feel free to contact me.
Thanks,
Dinesh Divekar
From India, Bangalore
Acknowledge(0)Amend(0)
Dear Mr. Abhi,
Grant of Annual Increment is neither an act of ex-gratia nor ever negotiable gain; rather, it is always and invariably an official acknowledgment of pre-fixed accomplishment and acceptance of allotted work output for a given period of time.
Please explain the Principle of Grant of Increment - annual or periodic performance-based reward, as it were - to the referred employed person along with the advice that she has been absenting from duty without proper permission/sanction of leave of absence, which amounts to an act of misconduct for which she is liable to disciplinary action.
The punishing authority may issue (in fact, it is expedient to do so) a letter by Registered Post AD asking her to report immediately to resume her duties, failing which she would be liable to disciplinary action as per the Service Rules or the Standing Orders, as the case may be.
Resolve the matter/issue now.
In case you require any other assistance, please speak with Harsh Sharan at info@kritarth.in or visit Home | Kritarth Consulting Private Limited.
20.6.17, Bengaluru
From India, Delhi
Acknowledge(0)Amend(0)
Grant of Annual Increment is neither an act of ex-gratia nor ever negotiable gain; rather, it is always and invariably an official acknowledgment of pre-fixed accomplishment and acceptance of allotted work output for a given period of time.
Please explain the Principle of Grant of Increment - annual or periodic performance-based reward, as it were - to the referred employed person along with the advice that she has been absenting from duty without proper permission/sanction of leave of absence, which amounts to an act of misconduct for which she is liable to disciplinary action.
The punishing authority may issue (in fact, it is expedient to do so) a letter by Registered Post AD asking her to report immediately to resume her duties, failing which she would be liable to disciplinary action as per the Service Rules or the Standing Orders, as the case may be.
Resolve the matter/issue now.
In case you require any other assistance, please speak with Harsh Sharan at info@kritarth.in or visit Home | Kritarth Consulting Private Limited.
20.6.17, Bengaluru
From India, Delhi
Acknowledge(0)Amend(0)
You can refer company’s policies and work according to that.
From India, Bengaluru
Acknowledge(0)Amend(0)
From India, Bengaluru
Acknowledge(0)Amend(0)
1. Have you given increments to all other employees of the company? If yes, then you must give her one as well, as you have to treat her on par with other employees. I am assuming she is asking for her annual increment.
2. Just because she was on maternity leave does not mean she is ineligible for an increment.
3. If she has not yet rejoined, send her at least three letters through Registered A/D requesting her to return to duty after her maternity leave.
4. If she fails to rejoin, send her a show-cause notice asking her to explain why her services cannot be terminated.
5. If she still does not rejoin, conduct an inquiry and take appropriate action.
6. The above advice is given considering that she falls under the category of a workman as per the ID Act.
7. Should she not be classified as a workman, there is no need to send a third letter. Instead, consider her absence as an abandonment of service. No further inquiry is necessary.
8. The facts provided by you are incomplete.
From India, Thane
Acknowledge(0)Amend(0)
2. Just because she was on maternity leave does not mean she is ineligible for an increment.
3. If she has not yet rejoined, send her at least three letters through Registered A/D requesting her to return to duty after her maternity leave.
4. If she fails to rejoin, send her a show-cause notice asking her to explain why her services cannot be terminated.
5. If she still does not rejoin, conduct an inquiry and take appropriate action.
6. The above advice is given considering that she falls under the category of a workman as per the ID Act.
7. Should she not be classified as a workman, there is no need to send a third letter. Instead, consider her absence as an abandonment of service. No further inquiry is necessary.
8. The facts provided by you are incomplete.
From India, Thane
Acknowledge(0)Amend(0)
In government service, the grant of an increment is linked to the employees' presence on duty on the date the annual increment falls due. If the employee is on any leave other than casual leave, the monetary effect of the increment would be from the date he/she rejoins duty.
From India, Salem
Acknowledge(0)Amend(0)
From India, Salem
Acknowledge(0)Amend(0)Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.