Hi, I am Mallikarjun. I need to know some information regarding maternity benefits. My colleague joined in November 2015 and they got maternity leave from March 2018 to August 2018 for 5 months. Now, in December 2018, she is requesting an increment. The organization is stating that the maternity leave period will not be considered for the increment, so she needs to wait for 5 months to get the benefit of the increment. Please provide me with the information.
From India, Belgaum
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From India, Belgaum
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Legally, maternity leave duly granted and availed is to be reckoned for 'continuous service' and the salary for the maternity leave period should have been paid. Therefore, you are eligible for an increment. However, an increment cannot be claimed as a right. It is typically granted automatically once a year has passed for those in the 'time scale.'
In cases where increments are based on 'performance appraisal,' there is a catch. Not all companies postpone granting increments, but some do. It is advisable to review your 'Self appraisal' form to identify areas for improvement and capture their attention. Please consider this.
From India, Bangalore
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1273In cases where increments are based on 'performance appraisal,' there is a catch. Not all companies postpone granting increments, but some do. It is advisable to review your 'Self appraisal' form to identify areas for improvement and capture their attention. Please consider this.
From India, Bangalore
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In the first place, I am unable to uphold the opinion of the organization for the simple reason that every spell of any authorized leave is to be treated as duty for the purpose of continuity of service.
Second, calling it "maternity leave" is using a misnomer since it is a benefit conferred upon a woman to be away from work for a certain period due to her pregnancy and delivery, with wages based on her average daily wages.
Third, an "increment" is a periodical wage increase granted by the employer subject to certain conditions. The universal practice dictates that the employee should be on duty on the date of its sanction to earn the hike prospectively. If the employee is not on duty on the actual date of the increment's sanction due to reasons, including authorized leave, the increment would be sanctioned, provided the employee is otherwise eligible, but its monetary effect would start only from the date of the employee's return to duty.
Therefore, an employee on maternity leave does not need to wait for the sanction of her normal increment for a period proportional to the maternity benefit she has availed. Her increment should be sanctioned on the usual date, but its monetary effect will commence from her return date.
From India, Salem
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Second, calling it "maternity leave" is using a misnomer since it is a benefit conferred upon a woman to be away from work for a certain period due to her pregnancy and delivery, with wages based on her average daily wages.
Third, an "increment" is a periodical wage increase granted by the employer subject to certain conditions. The universal practice dictates that the employee should be on duty on the date of its sanction to earn the hike prospectively. If the employee is not on duty on the actual date of the increment's sanction due to reasons, including authorized leave, the increment would be sanctioned, provided the employee is otherwise eligible, but its monetary effect would start only from the date of the employee's return to duty.
Therefore, an employee on maternity leave does not need to wait for the sanction of her normal increment for a period proportional to the maternity benefit she has availed. Her increment should be sanctioned on the usual date, but its monetary effect will commence from her return date.
From India, Salem
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Dear Colleague,
I beg to differ with the view that the annual increment is a matter of right and has to be given regardless of whether the employee has attended and performed during the whole of the previous year or not. Unless it is a timescale increment, the increment is left to the decision, discretion, and policy of the management and cannot be a matter of legal right. In the case of maternity absence of six months, it is quite long, and if it happens to cover a large chunk of the appraisal year, then to expect an increment is inappropriate. At the most, for partial attendance and depending on performance rating, she may be considered for a pro-rata increment.
Regards,
Vinayak Nagarkar
HR Consultant
From India, Mumbai
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I beg to differ with the view that the annual increment is a matter of right and has to be given regardless of whether the employee has attended and performed during the whole of the previous year or not. Unless it is a timescale increment, the increment is left to the decision, discretion, and policy of the management and cannot be a matter of legal right. In the case of maternity absence of six months, it is quite long, and if it happens to cover a large chunk of the appraisal year, then to expect an increment is inappropriate. At the most, for partial attendance and depending on performance rating, she may be considered for a pro-rata increment.
Regards,
Vinayak Nagarkar
HR Consultant
From India, Mumbai
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Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf