I have one query related to appraisal and maternity leave. I am working in an organization since January 2017, and the appraisal was done in July. However, our company has not conducted my appraisal as they mentioned I am going on maternity leave starting December. Consequently, they stated that they will pay me six months' salary for my maternity leave. I want to know if there is any action I can take in this matter. My manager did not even inform me, and they carried out appraisals for all staff except me. I learned about this from some of my colleagues. Can I file a complaint against the company for not conducting my appraisal?
From India, Gurgaon
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From India, Gurgaon
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Dear Sandhya,
Your manager as well as HR need to be educated that the Performance Appraisal (PA) is done for the preceding period of the performance cycle. It cannot be linked to the future activity of the employee. In the PA, the discussion is done on the attainment of the KRAs that were assigned to the employee at the beginning of the performance cycle.
Though you have not said directly, a priori deduction can be that if the PA is done, then your organization will be forced to increase the salary. They could be thinking, "Why waste a few thousands when the employee is proceeding on a long leave?" However, this is a narrow-minded view.
What is the performance cycle in your company? When is the PA done, and when does the salary increase come into effect? You may submit an application for conducting your PA. Address the application to the MD of your company. Let us wait for his decision.
By the way, PA and salary increase are issues that are out of the purview of labor laws. As long as the employee gets a salary above the minimum wage, labor laws are fine with it. Therefore, there cannot be legal redressal of your grievance. It has to be settled internally.
Thanks,
Dinesh Divekar
From India, Bangalore
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8219Your manager as well as HR need to be educated that the Performance Appraisal (PA) is done for the preceding period of the performance cycle. It cannot be linked to the future activity of the employee. In the PA, the discussion is done on the attainment of the KRAs that were assigned to the employee at the beginning of the performance cycle.
Though you have not said directly, a priori deduction can be that if the PA is done, then your organization will be forced to increase the salary. They could be thinking, "Why waste a few thousands when the employee is proceeding on a long leave?" However, this is a narrow-minded view.
What is the performance cycle in your company? When is the PA done, and when does the salary increase come into effect? You may submit an application for conducting your PA. Address the application to the MD of your company. Let us wait for his decision.
By the way, PA and salary increase are issues that are out of the purview of labor laws. As long as the employee gets a salary above the minimum wage, labor laws are fine with it. Therefore, there cannot be legal redressal of your grievance. It has to be settled internally.
Thanks,
Dinesh Divekar
From India, Bangalore
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Hi,
You have been rightly advised by the learned member in the columns. Why do you want to commit suicide when the company has indicated that they are giving you the salary for 6 months and once you are back, you may get the appraisal and salary revision [two entirely different] if it works for mutual benefit. Take adequate rest and come back in the right spirits, in such a way that the company will notice and keep you interested on a long-term basis. Think broad and be positive.
Thanks and Regards
From India, Hyderabad
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You have been rightly advised by the learned member in the columns. Why do you want to commit suicide when the company has indicated that they are giving you the salary for 6 months and once you are back, you may get the appraisal and salary revision [two entirely different] if it works for mutual benefit. Take adequate rest and come back in the right spirits, in such a way that the company will notice and keep you interested on a long-term basis. Think broad and be positive.
Thanks and Regards
From India, Hyderabad
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Hi Sandhya,
A very similar incident took place last year in my company. We didn't give the appraisal to one of our pregnant employees because we were not sure if she would join back after maternity leave. When she joined back, we gave her a good hike, and she is working with us happily. I shared this incident here just to tell you to be positive. Sometimes management and the HR team do not express it, but they have good plans for you.
Regards,
Viplove
From India, Delhi
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A very similar incident took place last year in my company. We didn't give the appraisal to one of our pregnant employees because we were not sure if she would join back after maternity leave. When she joined back, we gave her a good hike, and she is working with us happily. I shared this incident here just to tell you to be positive. Sometimes management and the HR team do not express it, but they have good plans for you.
Regards,
Viplove
From India, Delhi
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Hi Sandhya,
As rightly pointed out, there is no legal obligation on the employer to conduct appraisals for all employees. Most management try to save on manpower costs by avoiding increasing the salary of those employees going on long leave or maternity leave. However, you have been informed by the management that they would pay you six months' maternity leave, so why do you wish to risk losing the same by giving management wrong signals?
Be patient, relax, recuperate, and come back from your maternity leave with a positive frame of mind, and then ask for your appraisal to be done. Wish you all the best for your delivery.
Regards,
R. H. Kavarana
HR Manager
From India, Mumbai
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As rightly pointed out, there is no legal obligation on the employer to conduct appraisals for all employees. Most management try to save on manpower costs by avoiding increasing the salary of those employees going on long leave or maternity leave. However, you have been informed by the management that they would pay you six months' maternity leave, so why do you wish to risk losing the same by giving management wrong signals?
Be patient, relax, recuperate, and come back from your maternity leave with a positive frame of mind, and then ask for your appraisal to be done. Wish you all the best for your delivery.
Regards,
R. H. Kavarana
HR Manager
From India, Mumbai
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