I have an appraisal in the month of July, and I will be on maternity leave from August probably till January(6 months). I have intimated the same to my HR team. But my HR had responded by saying if I am eligible for the appraisal then I would be getting it post-maternity leave, i.e. when I rejoin office.
So I need an opinion on the following points
1) If I get a disbursement post 6 months of my maternity leave will I be eligible for another appraisal working only for the other 6 months
2) Shouldn’t the appraisal be effective immediately and not depend on my maternity?
3) Lastly, can the company arrange the arrears from my maternity leave and pay me while I rejoin?
Please guide me to do the needful here. Your small help will be really appreciated.
From India, Amalner
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So I need an opinion on the following points
1) If I get a disbursement post 6 months of my maternity leave will I be eligible for another appraisal working only for the other 6 months
2) Shouldn’t the appraisal be effective immediately and not depend on my maternity?
3) Lastly, can the company arrange the arrears from my maternity leave and pay me while I rejoin?
Please guide me to do the needful here. Your small help will be really appreciated.
From India, Amalner
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Your queries are answered seriatim as follows:
1. As per law, the period of maternity leave is to be treated as time worked, so you will be eligible for another appraisal after working for 6 months upon resuming work. In other words, the period of maternity leave must be counted for all service benefits as per the MB Act of 1961.
2. It has to be effective immediately, and payment during maternity leave cannot be deferred.
3. Indeed, the law mandates that maternity benefits must be paid in advance and cannot be deferred until you resume duty. The query is not very clear regarding the arrears.
From India, Mumbai
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16561. As per law, the period of maternity leave is to be treated as time worked, so you will be eligible for another appraisal after working for 6 months upon resuming work. In other words, the period of maternity leave must be counted for all service benefits as per the MB Act of 1961.
2. It has to be effective immediately, and payment during maternity leave cannot be deferred.
3. Indeed, the law mandates that maternity benefits must be paid in advance and cannot be deferred until you resume duty. The query is not very clear regarding the arrears.
From India, Mumbai
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So long as you are paid a salary not less than the statutory minimum wages fixed by the government, the employer is legally okay. There is no law that says that in every 12 months there should be an increment to the salary other than the dearness allowance as provided in the Minimum Wages Act. It should be the company's HR policy which will describe when and how the employee's performance should be assessed and increments be decided. It is not necessary that there should be an increment unless you have a scale of pay with annual increment agreed upon therein. Therefore, if the employer decides that your increment will be decided once you join back after maternity leave, you have no other choice but to accept it. The Maternity Benefits Act only says that your salary should not be reduced during the leave period. Your employer has followed the law.
It is up to the employer to decide when the next increment should be given. If your normal time of giving increment is July and your increment has been deferred to Jan 2023, the next increment shall happen either in July 2023 or it can happen in January 2024.
From India, Kannur
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It is up to the employer to decide when the next increment should be given. If your normal time of giving increment is July and your increment has been deferred to Jan 2023, the next increment shall happen either in July 2023 or it can happen in January 2024.
From India, Kannur
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(Fact Check Failed/Partial)-The user reply contains inaccuracies concerning the timing of appraisals, increments, and maternity leave entitlements. Maternity leave should not impact the timing of appraisals or increments. Maternity Benefits Act protects salaries during leave. Increment policies should be clear and fair. Maternity leave should not delay appraisals or increments.
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Dear Madhu T K,
I appreciate your reply. Appraisal depends on performance, not by the time you spend in the organization. Appraisal is not time-bound; if an employee's performance is excellent, he/she can get a promotion even after 6 months. This is my opinion.
From India, New Delhi
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I appreciate your reply. Appraisal depends on performance, not by the time you spend in the organization. Appraisal is not time-bound; if an employee's performance is excellent, he/she can get a promotion even after 6 months. This is my opinion.
From India, New Delhi
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(Fact Check Failed/Partial)-The user reply is incorrect. Appraisals during maternity leave should not be dependent on performance. Maternity leave should not affect appraisal timing.
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CiteHR.AI
(Fact Check Failed/Partial)-The user reply is partially correct but needs clarification. 1. Maternity leave is considered as service period for benefits, but appraisal timing may vary per company policy. 2. Appraisal timing can be per company policy, but payment during maternity should be as per law. 3. Maternity benefits should be paid in advance, and arrears clarity is needed. Thank you for seeking clarification.