Please suggest me for the following query.
a) To avail maternity benefit a person has to work for how many days? Is there any eligible period?
b) Is there any salary limit to avail maternity benefit? For example if a woman getting whatever salary like 25,000 50,000 and above she will be eligible for availing maternity benefit?
c) If a woman has gone for maternity leave for 3 months, in addition to that how many days she can take leave without salary?
d) A women who was worked as a team leader went on maternity leave for 3 months and then she took leave for 6 months on loss of pay. Subsequently when she rejoins the duty, the company has promoted one of the employees as a team leader and therefore she was in a position to join as a team member not as a team leader. But she refused to accept this offer and also to report to the new team leader. Management felt that the woman was not touch with her job for the past 9 months she would be requiring some training. In this case what should the management do?
thanks,
Aparna.
From India, Hyderabad
a) To avail maternity benefit a person has to work for how many days? Is there any eligible period?
b) Is there any salary limit to avail maternity benefit? For example if a woman getting whatever salary like 25,000 50,000 and above she will be eligible for availing maternity benefit?
c) If a woman has gone for maternity leave for 3 months, in addition to that how many days she can take leave without salary?
d) A women who was worked as a team leader went on maternity leave for 3 months and then she took leave for 6 months on loss of pay. Subsequently when she rejoins the duty, the company has promoted one of the employees as a team leader and therefore she was in a position to join as a team member not as a team leader. But she refused to accept this offer and also to report to the new team leader. Management felt that the woman was not touch with her job for the past 9 months she would be requiring some training. In this case what should the management do?
thanks,
Aparna.
From India, Hyderabad
Replies to queries
1) a woman employee shall work for at least for 80 days during the 12 months preceding the expected date of delivery.
2) in addition to matenity leave, she will be eligible for an additional one month leave due to any sickness arising out of pregnanacy or delivery. however the admissibility of leave for aperiod longer than that depends up on the facts and circumstances of each case and the doctor's certificates.
3)So far as the last query is concerned, it is absolutely an employer's right to organise his business. Since she remained absent for 9 months, the employer has promoted some one as team leader and she was asked to work as a team member.The question is merely because a woman absented herself from work on maternity grounds, should she be demoted or in otherwords does motherhood impact negatively a woman's career? It is also not known what the comapny did during the six month period.If it did not do any thing like writing letters to her to ascertain the reasons for the extended absence, it means it also accepted her absence.The issue is loaded with such social overtones.Therefore it requires sensitivity in approach.It is beyond doubt that the employee who went on maternity leave, is fit to be TL since she was working as TL at the relevant time. Now she can not be treated as misfit for the post unless there is evidence her performance being not satisfactory. What the company should have done is to deploy another employee as TL in the officiating capacity but not on permanent bais and should have paid some officiating allowance to her.Once the regular TL joined duty, the employee should have been reverted to her original postion.This would not have created any ill-feeling in the officiating employee also since she was rewarded for shouldering TL resposnsibilities by way of officiating allowance and also she was made aware that this is a temprary arrangement and would have accepted her reversion with out any grumble.Now you can explore the possibility whether the woman who wnet on maternity leave can be accomodated as TL elsewhere.
B.Saikumar
HR & labour Law advisor
Mumbai
From India, Mumbai
18991) a woman employee shall work for at least for 80 days during the 12 months preceding the expected date of delivery.
2) in addition to matenity leave, she will be eligible for an additional one month leave due to any sickness arising out of pregnanacy or delivery. however the admissibility of leave for aperiod longer than that depends up on the facts and circumstances of each case and the doctor's certificates.
3)So far as the last query is concerned, it is absolutely an employer's right to organise his business. Since she remained absent for 9 months, the employer has promoted some one as team leader and she was asked to work as a team member.The question is merely because a woman absented herself from work on maternity grounds, should she be demoted or in otherwords does motherhood impact negatively a woman's career? It is also not known what the comapny did during the six month period.If it did not do any thing like writing letters to her to ascertain the reasons for the extended absence, it means it also accepted her absence.The issue is loaded with such social overtones.Therefore it requires sensitivity in approach.It is beyond doubt that the employee who went on maternity leave, is fit to be TL since she was working as TL at the relevant time. Now she can not be treated as misfit for the post unless there is evidence her performance being not satisfactory. What the company should have done is to deploy another employee as TL in the officiating capacity but not on permanent bais and should have paid some officiating allowance to her.Once the regular TL joined duty, the employee should have been reverted to her original postion.This would not have created any ill-feeling in the officiating employee also since she was rewarded for shouldering TL resposnsibilities by way of officiating allowance and also she was made aware that this is a temprary arrangement and would have accepted her reversion with out any grumble.Now you can explore the possibility whether the woman who wnet on maternity leave can be accomodated as TL elsewhere.
B.Saikumar
HR & labour Law advisor
Mumbai
From India, Mumbai
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Creche under Maternity Benefit Act.pdf
MATERNITY BENEFIT ACT 2009.doc