Hi there,

Giving almost 15-20 days of leave for a pregnant lady is appreciated

In case as u assume the person might ask for a long leave of LOP,
Before she approaches u,

- Check if the person is dependent on the job
- Just do a little of background verification (that would help u to find out if she is much dependant) like friends and collegues and community websites would help
- If she is dependant, try to find if she could be given the work from home option or
- find out a replacement in contract basis(at this time of recession, we can certainly find one)
- request the person to share her knowledge with the person for sometime
- so probably in case if she is unable to continue with this, the other person would be taken into rolls and the company is not a loser.
- But make the employee feel that she would be assured of the job as she returns in the commited time (since she might not share the knowledge required) in case if she has planned to quit
- try to make a good rapport with the new joinee and the pregnant employee
- But let the agreement be in writing

Others, what u say...?

Regards,
Priya

From India, Madras
I think you should appoint someone on contract basis or else go for outsourcing agencies who gives temporary staff.
From India, Mumbai
You can explore other options like: Allow work from home Let her become part timer or work for half day
From India, Delhi
Dear JMRATNA,
Please let all the members know that whats the decision that you or management have made on this issue.
This is very important as, We find only questions and most of the times we miss with the decision what made?
Regards,
Shiv

From India, Bangalore
Thats tru Shiv n Priya...
even I feel many times that after a lot of sharing and discussion we end with not knowing even outcomes...though sharing will not get stopped but knowing outcomes will help alot in knowledge building...
these all are good HR cases.
Regds,
Rahul

From India, Mumbai
Decision shall depend solely on the merits of the case.Sanctioning leave is the prerogative of the management and if possible on humanitarian grounds leave may be considered or otherwise report for work and if doesnot report initiate disciplinary action which may lead to termination of employment.
As per Maternity Benefit act ,for non-ESI ,ie., Rs.10,000/-gross & above company will pay wages for 84 days which in the case of ESI covered ESIC will extend 84 days cash benefit.
When an employee is on ESI leave termination cannot be implicated.

From India, Madras
Dear Ratna,

Even we are not aware of that what type of business you have, but one thing is there that there are a well established HR department is there. Being an HR - representative you have to do one thing first; you meet personally with concerned associate and try to understand their genuine problems if possible consult their doctor also. Than make a note of it and convince your immediate boss related her realistic possible facilities that you can arrange with available resources. Always remember one thing that any extra cost is hamper you’re helping intention. In my knowledge after discussing with their doctor you have reach to a conclusion what necessary action you have to take. May be there is possible chances that nothing will required at your end. The concerned employee is more conscious about their health and family. Might be chances that this is the initial complication and have settled automatically.

From India, Gurgaon
Hi Ratna,

There will be many implications on the decisions, if you aware yourself the nature of the Job – Criticality and functions, that the lady is in (if she had completed 80 days in service).

CASE A - If the Lady in question is much more crucial to the end process of your value chain, then I will advice you not to take any hasty steps to settle her account. I would rather prefer to go with ‘Chum’s advice but minus - ‘counsel for resignation’. Give her scope, since there will many psychological matters associated with the first ‘delivery ‘. Adjust her Paid Leaves (if any). You can also take the necessary permission and work with your ‘System Administration’ department to install the access & security features to her Home Computer Terminal / Laptop to enable her to work from home.

In the mean time ask her to speak to her doctor to provide an approximate ‘Date of Delivery’ and this will help you to manage her Key Jobs during the Maternity schedule and also her Maternity Leaves.

CASE B - But if the Lady is not that much crucial and her absence in the team can be managed by sharing her responsibility to other team mates, then please do it. You can also take the advice as ‘Ms. Sonali’ had voiced – if you are confused on how to allocate the work in the already optimized work scenario, but again, if you have any existing contract with any Manpower service provider Firms. Keep her in LOP’s if she don’t have any Paid Leaves. Counsel her to attend to work and Provide some alternate work which does not increase her fatigue / work pressure.

Let’s as an HR provide our genuine concern to employees working with us and create an un-biased working environment.

With regards,

Jayesh Yohannan


Hello JM Ratna,

I would suggest please refer to The Maternity Benefit Act,1961

And would suggest to look at it more on humanitarian grounds.

Also the employer and the employee could mutually come to a consensus.

Thank you

From India, Pune
Dear Ratna,
Female employee had just taken 1 month maternity leave. It's her right to take 84 days maternity leave + 1 month leave if any problem arise due to pregnancy. you should give her above mentioned leave and take decision afterward based upon situation at that time.
As a HR person we should help female employees, thinking/trying to find quick fix will not help in long run. you should personally talk to employee and ask her what does she mean by long leave(How much)
Terminating or pursuing female employee to put down paper (during her maternity leave) is not only legally but ethically and morally wrong.

From India, Hyderabad
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