Hello all,
I need some suggestions regarding a scenario: An employee would be going on maternity leave from December; she is due for appraisal in the month of February. My questions are:
1. When do we conduct her appraisal [before or after ML]?
2. If after, will she be applicable for the arrears [Mar-May], or only from the month she gets back to work, i.e., from June?
Also, when do we pay the 3-month salary? Will it be month on month or a lump sum at the end of the 3rd month?
Please guide me through.
Regards,
N P
From India, Bangalore
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1I need some suggestions regarding a scenario: An employee would be going on maternity leave from December; she is due for appraisal in the month of February. My questions are:
1. When do we conduct her appraisal [before or after ML]?
2. If after, will she be applicable for the arrears [Mar-May], or only from the month she gets back to work, i.e., from June?
Also, when do we pay the 3-month salary? Will it be month on month or a lump sum at the end of the 3rd month?
Please guide me through.
Regards,
N P
From India, Bangalore
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I'm giving you the suggestion based on my current company procedure.
1. The appraisal will be postponed for the months she is taking maternity leave. For example, if she is taking 3 months of maternity leave, then her review will be in May instead of February.
2. She will not be eligible for the arrears. It should not be shown or mentioned as arrears since she is not eligible.
3. This can be remitted to her account on a monthly basis. You need to mark her attendance as full, mentioning that she is on paid maternity leave.
I hope this information is useful.
From India, Chennai
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1. The appraisal will be postponed for the months she is taking maternity leave. For example, if she is taking 3 months of maternity leave, then her review will be in May instead of February.
2. She will not be eligible for the arrears. It should not be shown or mentioned as arrears since she is not eligible.
3. This can be remitted to her account on a monthly basis. You need to mark her attendance as full, mentioning that she is on paid maternity leave.
I hope this information is useful.
From India, Chennai
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Since you have not given details of your company, we will make assumptions that it's a private company in the service sector.
If you are subject to standing orders, then follow whatever provisions are given in standing orders. If nothing is given in standing orders, then you need to see internal HR procedures formulated and communicated to employees.
If neither, then the management is free to decide on when the appraisal will take place and whether they will give the increased salary with prospective effect or retrospective effect. Most companies would do it after the maternity leave is over and give the employee's salary only from the date of joining or even from the date the appraisal has been done or confirmed. I do not see any meaning in giving increased salary for the period when the person is on leave.
Under the requirements of the Maternity Benefit Act, you will need to pay the salary for the maternity period at the time when the person goes on leave.
From India, Mumbai
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If you are subject to standing orders, then follow whatever provisions are given in standing orders. If nothing is given in standing orders, then you need to see internal HR procedures formulated and communicated to employees.
If neither, then the management is free to decide on when the appraisal will take place and whether they will give the increased salary with prospective effect or retrospective effect. Most companies would do it after the maternity leave is over and give the employee's salary only from the date of joining or even from the date the appraisal has been done or confirmed. I do not see any meaning in giving increased salary for the period when the person is on leave.
Under the requirements of the Maternity Benefit Act, you will need to pay the salary for the maternity period at the time when the person goes on leave.
From India, Mumbai
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Hi Saravanan,
With reference to your reply "The appraisal will be postponed for the months she is taking ML. For example, if she is taking 3 months ML, then her review will be in May instead of February," on the anonymous question, can you please clarify if there are any rules or guidelines that prescribe the postponement of the appraisal for the equivalent period of leave/absence of the employee? In other words, when a female employee is entitled to 6 months of maternity leave under the new law, do you mean to say her promotion should be withheld for 6 months by postponing the review of her appraisal due to her maternity leave, even if she is eligible for promotion/increment based on other efficiency criteria.
In my view, any such arbitrary course of action indicates the unsystematic functioning of the HR department of the organization. The question that arises is, which law or rule prohibits the entitlement of promotion or increment to an employee due to maternity leave or any other authorized leave, if they are otherwise eligible based on various criteria?
I hope for your insights on this matter.
Thank you.
From India, Delhi
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With reference to your reply "The appraisal will be postponed for the months she is taking ML. For example, if she is taking 3 months ML, then her review will be in May instead of February," on the anonymous question, can you please clarify if there are any rules or guidelines that prescribe the postponement of the appraisal for the equivalent period of leave/absence of the employee? In other words, when a female employee is entitled to 6 months of maternity leave under the new law, do you mean to say her promotion should be withheld for 6 months by postponing the review of her appraisal due to her maternity leave, even if she is eligible for promotion/increment based on other efficiency criteria.
In my view, any such arbitrary course of action indicates the unsystematic functioning of the HR department of the organization. The question that arises is, which law or rule prohibits the entitlement of promotion or increment to an employee due to maternity leave or any other authorized leave, if they are otherwise eligible based on various criteria?
I hope for your insights on this matter.
Thank you.
From India, Delhi
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Hi Dhingra,
I think you are confusing with review (or appraisal) and promotion.
Promotion is decided only after the review. Review is determined only after evaluating the performance. Performance is rated based on her work over a one-year period. She is eligible for review only if she performs for a specific period, i.e., one year in this case. Therefore, whether she is eligible for promotion or an increment will be decided only after the review.
Let me provide you with another example: all employees are entitled to certain leaves as per specific acts. No one can prevent an employee from taking leave. However, during the review, the performance rating may differ for employees who take leave compared to those who do not take any leave in the same review period. The latter will have an advantage. (Assuming that all other criteria ratings are the same for both employees.)
In the case of maternity leave, we cannot apply the same principle as above. A common and fair approach is followed whereby the review period is adjusted based on her leave, as I mentioned earlier. This ensures that the leave period does not impact her performance rating, and the company can assess her performance over one year, just like with other employees, in a fair manner.
It is not that her promotion is delayed; rather, it is the review that is delayed.
I hope I have made myself clear.
From India, Chennai
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I think you are confusing with review (or appraisal) and promotion.
Promotion is decided only after the review. Review is determined only after evaluating the performance. Performance is rated based on her work over a one-year period. She is eligible for review only if she performs for a specific period, i.e., one year in this case. Therefore, whether she is eligible for promotion or an increment will be decided only after the review.
Let me provide you with another example: all employees are entitled to certain leaves as per specific acts. No one can prevent an employee from taking leave. However, during the review, the performance rating may differ for employees who take leave compared to those who do not take any leave in the same review period. The latter will have an advantage. (Assuming that all other criteria ratings are the same for both employees.)
In the case of maternity leave, we cannot apply the same principle as above. A common and fair approach is followed whereby the review period is adjusted based on her leave, as I mentioned earlier. This ensures that the leave period does not impact her performance rating, and the company can assess her performance over one year, just like with other employees, in a fair manner.
It is not that her promotion is delayed; rather, it is the review that is delayed.
I hope I have made myself clear.
From India, Chennai
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Dear Saravanan,
Neither did I ask for logic or examples, nor did I talk about conventions being adopted in the review of appraisals. If you re-read my post, my simple question was, "Can you please clarify if there is any rule or guidelines that prescribe the postponement of the appraisal for the equivalent period of leave/absence of the employee?"
Now, my other question is whether a calendar year (January to December) or financial year (April to March), whatever is fixed for appraisal, gets changed as per the legal definition. This is another issue if the HR prefers to adopt some arbitrary manner, which is usually noticed in several cases rather than following any set rules.
Anyway, would you like clarification on my two questions?
Thank you.
From India, Delhi
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Neither did I ask for logic or examples, nor did I talk about conventions being adopted in the review of appraisals. If you re-read my post, my simple question was, "Can you please clarify if there is any rule or guidelines that prescribe the postponement of the appraisal for the equivalent period of leave/absence of the employee?"
Now, my other question is whether a calendar year (January to December) or financial year (April to March), whatever is fixed for appraisal, gets changed as per the legal definition. This is another issue if the HR prefers to adopt some arbitrary manner, which is usually noticed in several cases rather than following any set rules.
Anyway, would you like clarification on my two questions?
Thank you.
From India, Delhi
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Dear Dhingra,
In your post, you have clarified your question as "In other words, when a female employee would be entitled to get 6 months maternity leave under new law in the offing, do you mean to say her promotion should be withheld for 6 months by postponing the review of her appraisal due to her proceeding on maternity leave, even if she is eligible for promotion/increment on account of several other efficiency criteria."
How do you decide on eligibility for promotion/increment? I think my explanation in my previous post is clear.
Many books and research papers are available on performance appraisal methods followed in different private companies. New innovative and advanced methods are discovered and implemented day by day.
Your question is such that performance appraisal should have been done in a constant manner (fixed percentage) to all employees in a given FY or Calendar Year, irrespective of their DOJ, performance, attendance, etc. I think the discussion here is not for a Government Organization which has a fixed increment structure over a period of time, till the next promotion (automatic promotion after a fixed period of time).
From India, Chennai
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In your post, you have clarified your question as "In other words, when a female employee would be entitled to get 6 months maternity leave under new law in the offing, do you mean to say her promotion should be withheld for 6 months by postponing the review of her appraisal due to her proceeding on maternity leave, even if she is eligible for promotion/increment on account of several other efficiency criteria."
How do you decide on eligibility for promotion/increment? I think my explanation in my previous post is clear.
Many books and research papers are available on performance appraisal methods followed in different private companies. New innovative and advanced methods are discovered and implemented day by day.
Your question is such that performance appraisal should have been done in a constant manner (fixed percentage) to all employees in a given FY or Calendar Year, irrespective of their DOJ, performance, attendance, etc. I think the discussion here is not for a Government Organization which has a fixed increment structure over a period of time, till the next promotion (automatic promotion after a fixed period of time).
From India, Chennai
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Mr. Saravanan,
You are again trying to sidetrack the issue by not answering my questions. I have not restricted my views from being followed in any government organization, but for the system to function in uniformity. But, if the HR wants to create complications for itself, nobody can help those HR professionals who try to function arbitrarily on their own whims and fancy.
About your statement, "Many books and research papers are available for performance appraisal methods followed in different private companies," these documents cannot be considered as rulebooks, but merely contain views, opinions, concepts, and conventions adopted by such authors or companies, similar to you expressing your view in your first post, but without any set guidelines or rules, with your perception to extend the period by postponing the performance review. That does not provide a systematic way for the review of performance.
In other words, the HR would remain busy for the whole year making or keeping watch for performance reviews, turn by turn, for some or others of all the employees of the organization due to various reasons.
If you don't want simplicity or improvement in your organization, nobody can compel you to introduce simplicity or improvement in your organization. However, that does not mean other organizations should also follow the same pattern as being adopted in your organization. The functions and responsibilities of the HR should facilitate a systematic flow of work for all executives of the organization throughout the year, instead of following conventions in a haphazard manner.
If you try to make a survey by confidential voting to know the liking and disliking of departments in the organizations, you would find that the most disliked department is the HR department due to imposing arbitrary conditions on the workers without following any set norms. Position and power do not give the HR any right to use arbitrary decisions without following a set system.
From India, Delhi
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You are again trying to sidetrack the issue by not answering my questions. I have not restricted my views from being followed in any government organization, but for the system to function in uniformity. But, if the HR wants to create complications for itself, nobody can help those HR professionals who try to function arbitrarily on their own whims and fancy.
About your statement, "Many books and research papers are available for performance appraisal methods followed in different private companies," these documents cannot be considered as rulebooks, but merely contain views, opinions, concepts, and conventions adopted by such authors or companies, similar to you expressing your view in your first post, but without any set guidelines or rules, with your perception to extend the period by postponing the performance review. That does not provide a systematic way for the review of performance.
In other words, the HR would remain busy for the whole year making or keeping watch for performance reviews, turn by turn, for some or others of all the employees of the organization due to various reasons.
If you don't want simplicity or improvement in your organization, nobody can compel you to introduce simplicity or improvement in your organization. However, that does not mean other organizations should also follow the same pattern as being adopted in your organization. The functions and responsibilities of the HR should facilitate a systematic flow of work for all executives of the organization throughout the year, instead of following conventions in a haphazard manner.
If you try to make a survey by confidential voting to know the liking and disliking of departments in the organizations, you would find that the most disliked department is the HR department due to imposing arbitrary conditions on the workers without following any set norms. Position and power do not give the HR any right to use arbitrary decisions without following a set system.
From India, Delhi
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Dear Mr. Dhingra,
Now, you have started criticizing the entire HR community. I believe this forum is meant to help clarify the doubts of HR professionals and employees in handling their grievances.
When an HR member asks a question to solve an issue, I provide a solution that I personally follow. It is up to them whether they choose to follow it or not.
Therefore, it would be more constructive to refrain from criticizing the entire HR community and instead offer a solution to the individual who posed the question. I do not believe that your post is beneficial to anyone. Your focus seems to be on "what not to do" rather than "what to do." Instead of listing "don'ts," it would be more helpful to provide "do's."
If your approach is fair to all employees, HR professionals who read it may benefit from learning and implementing it. This could be advantageous for them.
I hope you understand.
Sincerely, [Your Name]
From India, Chennai
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Now, you have started criticizing the entire HR community. I believe this forum is meant to help clarify the doubts of HR professionals and employees in handling their grievances.
When an HR member asks a question to solve an issue, I provide a solution that I personally follow. It is up to them whether they choose to follow it or not.
Therefore, it would be more constructive to refrain from criticizing the entire HR community and instead offer a solution to the individual who posed the question. I do not believe that your post is beneficial to anyone. Your focus seems to be on "what not to do" rather than "what to do." Instead of listing "don'ts," it would be more helpful to provide "do's."
If your approach is fair to all employees, HR professionals who read it may benefit from learning and implementing it. This could be advantageous for them.
I hope you understand.
Sincerely, [Your Name]
From India, Chennai
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Mr. Saravanan,
Thank you for your advice. However, contrary to your statement that "this forum helps to clarify the doubts of HR," you have failed to clear my doubt regarding the basis and utility of your suggested conventional method. My question clearly indicated my intention to assist the author of the question and the HR community in understanding how and why to proceed if your method is indeed based on established guidelines or legal principles.
Every time I sought clarification, you seemed to evade the issue with excuses, ultimately resorting to blaming me for criticizing the entire HR community. This reflects negatively on your mindset, suggesting a belief in conventional and arbitrary work methods as an HR professional. If your advice were rooted in recognized standards, principles, or legal rules, you would have been eager to explain your position to provide accurate guidance to the author and other forum members, emphasizing adherence to legal regulations over conventional or arbitrary approaches.
Please note that while you are entitled to express your opinions, I also have the right to share my views and seek clarification when uncertain, with the aim of warning the HR community about the risks associated with conventional and arbitrary methods proposed by individuals. Your repeated avoidance of clarifying your stance, followed by attempts to shift blame onto me for criticizing the HR community, only serves to reinforce the negative impression of your approach as an HR professional, potentially misleading not just the question author but the entire HR community.
My intention was simply to educate the community on what actions to take and why, emphasizing adherence to legal regulations to avoid adopting arbitrarily designed conventional methods that could lead to strained employee-employer relationships, ultimately impacting both individual and company productivity. My remarks were not meant as criticism but rather as a stark truth: it is the company that suffers most from employee disloyalty stemming from any negative role played by its HR. While you may choose not to believe my statement based on my 40 years of practical experience, I encourage you to verify it personally through surveys or interviews with employees from various companies in your city, as previously suggested. I am confident that the results will confirm the validity of my experience-based perspective.
I firmly believe that fostering a positive attitude, rather than negative or arbitrary methods, within HR is key to cultivating employee loyalty, thereby enhancing both individual and overall company productivity.
From India, Delhi
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Thank you for your advice. However, contrary to your statement that "this forum helps to clarify the doubts of HR," you have failed to clear my doubt regarding the basis and utility of your suggested conventional method. My question clearly indicated my intention to assist the author of the question and the HR community in understanding how and why to proceed if your method is indeed based on established guidelines or legal principles.
Every time I sought clarification, you seemed to evade the issue with excuses, ultimately resorting to blaming me for criticizing the entire HR community. This reflects negatively on your mindset, suggesting a belief in conventional and arbitrary work methods as an HR professional. If your advice were rooted in recognized standards, principles, or legal rules, you would have been eager to explain your position to provide accurate guidance to the author and other forum members, emphasizing adherence to legal regulations over conventional or arbitrary approaches.
Please note that while you are entitled to express your opinions, I also have the right to share my views and seek clarification when uncertain, with the aim of warning the HR community about the risks associated with conventional and arbitrary methods proposed by individuals. Your repeated avoidance of clarifying your stance, followed by attempts to shift blame onto me for criticizing the HR community, only serves to reinforce the negative impression of your approach as an HR professional, potentially misleading not just the question author but the entire HR community.
My intention was simply to educate the community on what actions to take and why, emphasizing adherence to legal regulations to avoid adopting arbitrarily designed conventional methods that could lead to strained employee-employer relationships, ultimately impacting both individual and company productivity. My remarks were not meant as criticism but rather as a stark truth: it is the company that suffers most from employee disloyalty stemming from any negative role played by its HR. While you may choose not to believe my statement based on my 40 years of practical experience, I encourage you to verify it personally through surveys or interviews with employees from various companies in your city, as previously suggested. I am confident that the results will confirm the validity of my experience-based perspective.
I firmly believe that fostering a positive attitude, rather than negative or arbitrary methods, within HR is key to cultivating employee loyalty, thereby enhancing both individual and overall company productivity.
From India, Delhi
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