Shalini, These happens in small size organizations, where management either not sure of the legal act or don't care. You may give final try with your HR/sr. management team. If they are still rigid on their decission, you may pl. go-ahead and consult labor office on the same. I strongly recommend you to talk to them and give them confidence that, you'll continue working after your maternity leave. If you have decided to file a case, then it's ideal to plan for quitting after your maternity leave by getting new opportunity or take rest for sometime and then you can plan for a job. It's recommended to look for opportunites, who don't verify on previeous employement. At high level, if the mgmt. is not willing, pl. file against them. Such small size organizations must know that, they will have to follow labour acts, else face the penality. Wish everything goes smooth. Take care of your health. KK
From India, Hyderabad
1From India, Hyderabad
Hi shalini, Most of the suggestion posted by the HR professional are correct & acceptable.It is a common practicse in some Private firm that they tend to avoid all welfare benifts applicable for their employee in order to achieve more productivity. One of the view posted regarding maternity benefit and loss in productivity by one of our fellow professional clearly indicate that what kind of supporter of colonialism he is in this era of liberalisation. Productivity increases with the attachments with organistaion not with spending time.Duty of 08 hours is enough to achieve the output but it is attachment with the organisation is eroding the output. Dear friend labour laws are for safguarding the interset of the employee who sacrifice their time & effort for growth of the Company.So it is binding on the Companies to follow labour laws. suggestions pertaining to appplicabilty of Maternity Benefit Act, 1961 is quite clear as it has been well illustrated by other HR professionals.
From India, Bangalore
From India, Bangalore
Hello Shalini, Dont panic and handle the situation very carefully because you have to take care of your health also and dont give too much stress on your mind now especially when your due date is nearer. Regarding your employer. Give them Your leave application during june 2009 before 1 month. You will be eligible 90 days maternity leave, so try to avail less leave before delivery, so that you can avail more leave after delivery. Because at any case you have to join your duties after 90 days of maternity leave. Dont ever think of giving your resignation, If they dont grant leave you leave you can complaint the matter to local labour office. You will get justice. Keep in you mind that when you apply for leave enlose the original medical certificate issued by registered medical practioner and keep a copy with you for proof. Hope everything with be alright. May god give you strength and courage to face these problems. take care and bye. Suresh G Nair
From India, Kochi
From India, Kochi
Hi Shalini, If you had worked for 80 days prior to your Maternity leave then your employer has no right to cancell ur leave or harass you for putting up your papers just because you are pregnant. Few things needs to be clarified, are you covered under ESIC or Maternity Benefit Act. Some where your employer must have displayed Maternity Abstracts in Local languages , I suggest you to read the same. Plz feel relaxed even it is not necessary that your managment should be informed that you are pregnant. You may plan your leaves and proceed acordingly. If you feel applying leave or talking to office person will not work the write an application for maternity leave and send it thru speed post, do not forget to preserve that speed post slip as an evidence of communication. You would be paid 12 weeks salary as maternity benefit and medical bonus also. If they donot pay the same plz report to Management , Labour Officer, Human Rights Commissions and Women Cell. Wish you happy & safe Delivery. Regards......Krishnavat:razz:
From India, New Delhi
From India, New Delhi
its dpend ...i would suggest you to read the "Employee Handbook" if there is no such option of paid maternity leave...so you can not do anything...evey org. does not pay maternity leave or compensation.!! go though your appointment letter (terms and conditions) first on before taking any action.
From India, Delhi
From India, Delhi
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Creche under Maternity Benefit Act.pdf
MATERNITY BENEFIT ACT 2009.doc