One of my professional friends, Mr. Nathrao, from Pune, has written that the company's head decides on the leave policy. I do not agree with his opinion. It is the HR person who influences the decision on leave matters of top management and what the leave policy will be in the company. The ultimate approval of top management is obtained by HR after protecting all statutory norms, like the Factories Act, MB Act, National and Festival Holidays Act, and the Industrial Employment Standing Orders Act. Moreover, leave with wages and holidays is one of the conditions of service as enumerated in the Fourth Schedule of Section 9A of the Industrial Disputes Act.
From India, Kolkata
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8From India, Kolkata
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Dear Mr. Hati,
It would have been better if you cited the thread in which Mr. Rao mentioned this. The validity of some general comments can mostly be determined only with reference to the context. For example, the caption of your thread is "Maternity Benefit," while your emphasis is on the predominant role of HR in devising the overall Leave Policy of the organization in sync with the applicable statutes. As a general statement, yours cannot be disputed. However, in the context of the recent amendment to the MB Act, 1961 enhancing maternity benefits to 26 weeks, you will certainly admit that many questions arise regarding employers trying to circumvent the provisions by disqualifying prospective appointees or asking pregnant women employees to resign once pregnancy is known. The provisions regarding maternity benefits under the Act are straightforward and not overly complicated, involving minimal interpretative hurdles. Can we underestimate the legal acumen of the HR fraternity of such organizations or conclude that they have failed in their roles? Certainly not. Every employer is fundamentally a businessman. Sometimes, if there is a chance to minimize certain expenses, every employer, like the Mughal Emperor Aurangzeb, becomes his own prime minister!
From India, Salem
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It would have been better if you cited the thread in which Mr. Rao mentioned this. The validity of some general comments can mostly be determined only with reference to the context. For example, the caption of your thread is "Maternity Benefit," while your emphasis is on the predominant role of HR in devising the overall Leave Policy of the organization in sync with the applicable statutes. As a general statement, yours cannot be disputed. However, in the context of the recent amendment to the MB Act, 1961 enhancing maternity benefits to 26 weeks, you will certainly admit that many questions arise regarding employers trying to circumvent the provisions by disqualifying prospective appointees or asking pregnant women employees to resign once pregnancy is known. The provisions regarding maternity benefits under the Act are straightforward and not overly complicated, involving minimal interpretative hurdles. Can we underestimate the legal acumen of the HR fraternity of such organizations or conclude that they have failed in their roles? Certainly not. Every employer is fundamentally a businessman. Sometimes, if there is a chance to minimize certain expenses, every employer, like the Mughal Emperor Aurangzeb, becomes his own prime minister!
From India, Salem
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Mr. Uma,
The concerned post addresses the issue of the company having implemented incorrect leave policies. It is essential to note that HR does not determine leave policies; instead, the top management establishes these policies in accordance with the governing laws. HR input is crucial in this situation as denial of maternity leave goes against the existing legal framework.
Kind regards,
Yesterday
From India, Pune
URL: [https://www.citehr.com/596709-maternity-benefit-how-pregnant-lady-being-deprived.html](https://www.citehr.com/596709-maternity-benefit-how-pregnant-lady-being-deprived.html)
From India, Pune
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The concerned post addresses the issue of the company having implemented incorrect leave policies. It is essential to note that HR does not determine leave policies; instead, the top management establishes these policies in accordance with the governing laws. HR input is crucial in this situation as denial of maternity leave goes against the existing legal framework.
Kind regards,
Yesterday
From India, Pune
URL: [https://www.citehr.com/596709-maternity-benefit-how-pregnant-lady-being-deprived.html](https://www.citehr.com/596709-maternity-benefit-how-pregnant-lady-being-deprived.html)
From India, Pune
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Creche under Maternity Benefit Act.pdf
MATERNITY BENEFIT ACT 2009.doc