Hi Mr Khola,
We are expecting a 3rd child. My wife is working in a reputed hospital as a Pharmacist.She has been asked to resign.Is that valid?
What are the options to continue after her delivery without resigning.How do we approach the HR Team or convince them?
Kindly advice....
From undefined, undefined
We are expecting a 3rd child. My wife is working in a reputed hospital as a Pharmacist.She has been asked to resign.Is that valid?
What are the options to continue after her delivery without resigning.How do we approach the HR Team or convince them?
Kindly advice....
From undefined, undefined
Hi Sahme,
Women employees are entitled for Maternity leave benefit of 2 surviving children. This even applies for twins or triplets in the first delivery. However an employer cannot take actions against a female employee, stating Maternity leave as a reason. Please consult an advocate who deals with corporate affairs, for better suggestion.
From India, Bangalore
477Women employees are entitled for Maternity leave benefit of 2 surviving children. This even applies for twins or triplets in the first delivery. However an employer cannot take actions against a female employee, stating Maternity leave as a reason. Please consult an advocate who deals with corporate affairs, for better suggestion.
From India, Bangalore
As per Maternity Benefit Act there is no limit for the number of children. Therefore, a woman employee is eligible for 12 weeks leave with pay even if it is her 3rd or 5th delivery. However, the amendment proposed and approved by the Govt on the Act proposes that 26 weeks leave (the maternity leave as per the amendment proposed) will be available for two deliveries. At the same time, for subsequent deliveries, maternity leave of 12 weeks will invariably be available. Therefore, there is no question of refusing the benefit just on the ground that she has already 2 children.
A Caution Note: When the Act is amended making an establishment employing ten persons to grant 26 days of maternity leave to its women employees, there is every chance that the scope of employment of women will be reduced drastically. It will be even worse if the proposal of setting up of creche in an establishment employing 50 workers also is implemented.
Madhu.T.K
From India, Kannur
A Caution Note: When the Act is amended making an establishment employing ten persons to grant 26 days of maternity leave to its women employees, there is every chance that the scope of employment of women will be reduced drastically. It will be even worse if the proposal of setting up of creche in an establishment employing 50 workers also is implemented.
Madhu.T.K
From India, Kannur
Dear Sir: The applicability for establishing the Creche employing 50 employees - whether it implies employing 50 Female Employees or the employees irrespective of gender classification.
From India, Mumbai
From India, Mumbai
Dear Member,
Management can not force any employee to tender resign. They are not in a position to terminate her services during the maternity leave period. If the management terminate the services then you can approach the labour department for relief.
With Regards,
R N KHOLA
From India, Delhi
Management can not force any employee to tender resign. They are not in a position to terminate her services during the maternity leave period. If the management terminate the services then you can approach the labour department for relief.
With Regards,
R N KHOLA
From India, Delhi
Tendering of Resignation is purely/legally voluntary act on the part of an Employed Person and any one or any Authority asking to resign or compelling to resign or suggesting to resign violates not only the Employment related Laws but the Fundamental Rights guaranteed to any Indian Citizen by the Constitution of India- a Sovereign State.
The HR Dept who serve as the Aid & Advisor of the Employer/Management ought to be sensitive and sensible
Kritarth Team
Bengaluru Service Centre
14.8.2016
From India, Delhi
The HR Dept who serve as the Aid & Advisor of the Employer/Management ought to be sensitive and sensible
Kritarth Team
Bengaluru Service Centre
14.8.2016
From India, Delhi
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Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf