Please advise, can we have a separate clause added to our policy for maternity cases? When a female employee rejoins after maternity leave, she will be required to serve a minimum duration of 1 year; otherwise, she has to compensate for the balance period from her basic salary.
We do have a common notice period policy for all employees, but the management wants to add a separate clause to the policy to address exit cases specifically after maternity leave.
From India, Delhi
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We do have a common notice period policy for all employees, but the management wants to add a separate clause to the policy to address exit cases specifically after maternity leave.
From India, Delhi
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Dear Aarti,
The Maternity Benefit Act, 1961, is an act of the Parliament passed in consonance with Article 42 of our Constitution to ensure paid statutory leave and other benefits to working women on account of maternity, subject to certain conditions already stipulated. As such, no employer can lay down further conditions to nullify the statutory benefits. Please remember, the right to maternity benefit is earned by the employee based on the length of her past service. Therefore, any condition stipulated further by an individual employer to relate it to future service would certainly be illegal.
From India, Salem
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6185The Maternity Benefit Act, 1961, is an act of the Parliament passed in consonance with Article 42 of our Constitution to ensure paid statutory leave and other benefits to working women on account of maternity, subject to certain conditions already stipulated. As such, no employer can lay down further conditions to nullify the statutory benefits. Please remember, the right to maternity benefit is earned by the employee based on the length of her past service. Therefore, any condition stipulated further by an individual employer to relate it to future service would certainly be illegal.
From India, Salem
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Dear Sir,
Thank you for your inputs. Could you please suggest what an employer can do to retain employees after the completion of their maternity leave? Also, please advise if a female employee is eligible to receive earned and casual leaves during the period she is on maternity leave, which she can avail post-completion of her maternity leave. Your valuable inputs will help to frame policies that are legally compliant.
Regards,
Aarti
From India, Delhi
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Thank you for your inputs. Could you please suggest what an employer can do to retain employees after the completion of their maternity leave? Also, please advise if a female employee is eligible to receive earned and casual leaves during the period she is on maternity leave, which she can avail post-completion of her maternity leave. Your valuable inputs will help to frame policies that are legally compliant.
Regards,
Aarti
From India, Delhi
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Dear Aarti,
I think that it is the first task to ascertain why women employees leave their job after availing maternity benefits. I don't think they leave because of better employment opportunities or any kind of displeasure with their current job or organization. On the contrary, it is the post-natal problems they have to tackle in the absence of family support. A mother's care and attention cannot be substituted in the development of a child. That's why the Maternity Rules prescribe creche facilities to be provided by the employers in certain cases. Unfortunately, after the amendment enhancing the duration of maternity leave, most employers find it an additional liability making heavy inroads into their revenues. The State also is not prepared to share the additional financial liabilities in this regard to some extent, though it happens to be a Welfare State thus leaving it the sole burden of the employers concerned. Therefore, the HR Department in every organization should make a thorough study of this problem by means of exit interviews as well as suggesting suitable remedial measures like reduced task assignments during the six months following child delivery.
The maternity leave period can be added to compute the continuous service required for E.L, but during this leave period, the woman cannot earn any E.L; when the C.L is annual based, the employer can relax the restriction on its availment post maternity.
From India, Salem
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I think that it is the first task to ascertain why women employees leave their job after availing maternity benefits. I don't think they leave because of better employment opportunities or any kind of displeasure with their current job or organization. On the contrary, it is the post-natal problems they have to tackle in the absence of family support. A mother's care and attention cannot be substituted in the development of a child. That's why the Maternity Rules prescribe creche facilities to be provided by the employers in certain cases. Unfortunately, after the amendment enhancing the duration of maternity leave, most employers find it an additional liability making heavy inroads into their revenues. The State also is not prepared to share the additional financial liabilities in this regard to some extent, though it happens to be a Welfare State thus leaving it the sole burden of the employers concerned. Therefore, the HR Department in every organization should make a thorough study of this problem by means of exit interviews as well as suggesting suitable remedial measures like reduced task assignments during the six months following child delivery.
The maternity leave period can be added to compute the continuous service required for E.L, but during this leave period, the woman cannot earn any E.L; when the C.L is annual based, the employer can relax the restriction on its availment post maternity.
From India, Salem
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Dear Madam,
Just to add a point to what is rightly stated by Mr. Umakanthan. To address attrition after maternity leave, you can consider introducing 'Work from Home' and flexi-timing policy if you don't already have it. This could potentially help working mothers handle the dual responsibilities of home and work more effectively. This approach might be a better solution than implementing a bond of service.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
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Just to add a point to what is rightly stated by Mr. Umakanthan. To address attrition after maternity leave, you can consider introducing 'Work from Home' and flexi-timing policy if you don't already have it. This could potentially help working mothers handle the dual responsibilities of home and work more effectively. This approach might be a better solution than implementing a bond of service.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
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