madhumita
1

Hi,
I am the HR manager of a hospital which employs about 300 employees. It has become an increasing trand among the organization that nurses after availing maternity week of 12 weeks at full pay are resigning from services. In such a case, what protection does an organization have? Can it take any action? Or can the organization have such an arrangement that the employees will get paid for the maternity leave on resuming duty?
regards,
Madhumita Roy
Siliguri

From India, Guwahati
sujal_03
5

Dear Siliguri
As far as i know with my experience, there can be no arrangement made regarding women who resign post maternity leave. It is a right of a women under law. One thing you can do is start recruiting more male members for this post, this will reduce your burden. Have a 60:40 ratio. Check their track records in the hospitals they have worked earlier. If the same has been taken place you know what to do.
Else you can recruit senior nurses who already have two children (in this case the chances of her taking maternity benefit are less).
But if nurses have atleast spent two years in your hospital then you can wave this thinking of their service to the hospital. Another option is start a creche for the new born babies.
Which hospital are you working in?
Regards
Sonali

From India, Thana
BADLOOSER
15

You Cannot Withdraw Their Resignation Or Leave Benefits. Just Because Its Mandated By The Law. Don't Try To Find Something Beyond Law Which Is Not Tenable And You Will Find Yourself In Deep Trouble.
Instead Adopt Some Soft Approach To Encourage For Working After Delivery Make Some Provision For Creach And Facilities For Your Staff.
There Is No Solution To This Without Violating Law. Which Is Not Advisable.
Regd,
Badlu

From Saudi Arabia
vikram reddyn
8

Hi Madhumitha
What i can suggest you here is you can keep their salary on hold from the day they are availing their leave.and once they come back and if you think that their performance is good then can pay them the full salary.hope my suggestion will work.
Regards
Vikram

From India
sujal_03
5

Dear Vikram As i had mentioned earlier Maternity leave is a women’s right in employment. No company can hold the salary. The employee can take the help of law. Thanks Sonali
From India, Thana
penubothu
7

Dear All,

Coming to the
1) Maternity Benefit Act - 1961
2) Employment exchange act - 1961
3) AP Shops & Establishment Act 1988 & Rules 1990
4) The Contract Labour ( R & A ) act, 1970, AP Rules 1971
5) The Minimum Wages Act 1948 & Rules 1949
6) AP Labour Welfare Fund ACt, 1987 or
7) Contract Labour (Regulation & Abolition) Act 1972
like this if you refer any law says that Female Employee has all the right to take the Maternity benefit of 12 weeks which are payable by the Management

Coming to Venkat, i would like to know how long are you in Human Resource Dept and how come you can suggest that you can stop the payment towards the Maternity Benefit to the female Employee and you are suggesting that once the female employee come back to office need to pay the full payment basing on the performance. what kind of performacne do you judge dear here in this situation.

No Management has right to stop the Maternity Benefit Act and if any one tries to stop this facility to female employee, then as per the AP Shops and Establishment act this going to offence.

I hope these acts should calrify all your doubts

From India, Hyderabad
ANTONY_XAVIER
14

Hi,
Suggest any new joinee to undergo medical test to ensure that the person is fit to carry out the profession without any problem since there are certain jobs which will require extensive travelling so its better to avoid taking people at that moment. we suggest them to join the company after they come fit. This applies to both the gender. Hope I made it clear.
any comments.
Regards

From India, Madras
BADLOOSER
15

Dear Xivier, Are We Civilised? Do You Know About Business Ethics And Social Responsibilities As Wella As Human Rights. I Think We Are Narrow Minded........ Badlu
From Saudi Arabia
Mehul Mehta
4

Hi All,
I think Badlu is right. We should not deprive some one of the jobs or career just because of the Gender. In the case of venkat where female employees take benefit of maternity leave and leave the job , I would suggest to look in to the reason of this. Any wrong practise can happen once or twice but when it becomes order of the day the management has to review their acts. All the nurses can not take maternity leave benefit and resign from the job.
Regards,
Mehul Mehta

From India
Subramaniam P G
1

Such examination (with the purpose stated) would be considered an offence under Regulation under Sexual Harrassment against Women. This also amounts to unfair treatment.
From India, Madras
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