Hi All,
We have run into a major problem as far as my wife's career is concerned. She is six months pregnant and last month joined a new big multi national IT company. We made sure to ask the HR by a written email about the maternity aspect and they 'over the phone' conveyed us that maternity leave can be taken after 80 days of employment. Hence, she went ahead and joined.
Now, when she has joined the firm, her manger said that they could not find a suitable job for her as she will have to go a maternity leave after some time. If you are aware of IT companies" They are not putting her on project and have kept her on bench".
Now after this, the manger is forcing her to go on a "2 - months leave without pay" and there after take "non-paid maternity leave for next three months" and then re-join the company. In case she resists, they would ask her to leave as she is still in her probation period.
All in all, we will have to part with 5 months of her salary.
We are very confused and depressed, please suggest us what should be done. The company we are taking about is the largest IT services company in the world and known for its HR practice but what is happening here is just ridiculous.
Please let me know are there any government laws protecting women in such situations.
From United States, New York
We have run into a major problem as far as my wife's career is concerned. She is six months pregnant and last month joined a new big multi national IT company. We made sure to ask the HR by a written email about the maternity aspect and they 'over the phone' conveyed us that maternity leave can be taken after 80 days of employment. Hence, she went ahead and joined.
Now, when she has joined the firm, her manger said that they could not find a suitable job for her as she will have to go a maternity leave after some time. If you are aware of IT companies" They are not putting her on project and have kept her on bench".
Now after this, the manger is forcing her to go on a "2 - months leave without pay" and there after take "non-paid maternity leave for next three months" and then re-join the company. In case she resists, they would ask her to leave as she is still in her probation period.
All in all, we will have to part with 5 months of her salary.
We are very confused and depressed, please suggest us what should be done. The company we are taking about is the largest IT services company in the world and known for its HR practice but what is happening here is just ridiculous.
Please let me know are there any government laws protecting women in such situations.
From United States, New York
Dear Sir,
Maternity Benefit Act 1961, is there for your remedy. Ask your spouse to give a notice to her employer of availing maternity benefit clearily stating the period from which she will undergo on maternity leave, along with a certificate from doctor stating that she will expecting and her expected date of delivery will be, say 25th of xyz month.
if possible ask her to give notice in Form 1 under section 6 of Maternity Benefit Act 1961 along with Form 2 of Maternity Benefit Act 1961 and proceed on leave when time comes.
Her employers will have to accept the same and will have to make payment towards Maternity Benefit for 84 days.
Rate of Payment :- Average of last three months pay or Gross salary.
They will make payment in two parts
For First 42 days
For Next 42 Days along with Medical Bonus of Rs. 1000 after giving certificate of Delivery within 48hrs of Production of Proof of delivery.
If she does not feel well at the end of 84 days , she may further give a notice under section for 9 of the act for an extension 30 days of Maternity leave with full wages/salary.
During this period no employer can terminate her services, as such all such termination would be illegal under provisions of the act.
To avail the maternity benefit , one should have worked worked for minimum 80 days in preceeding 12 months including weekly off, paid holidays , public holidays.
I hope i have made clear , the way out .
From India, Rohtak
15Maternity Benefit Act 1961, is there for your remedy. Ask your spouse to give a notice to her employer of availing maternity benefit clearily stating the period from which she will undergo on maternity leave, along with a certificate from doctor stating that she will expecting and her expected date of delivery will be, say 25th of xyz month.
if possible ask her to give notice in Form 1 under section 6 of Maternity Benefit Act 1961 along with Form 2 of Maternity Benefit Act 1961 and proceed on leave when time comes.
Her employers will have to accept the same and will have to make payment towards Maternity Benefit for 84 days.
Rate of Payment :- Average of last three months pay or Gross salary.
They will make payment in two parts
For First 42 days
For Next 42 Days along with Medical Bonus of Rs. 1000 after giving certificate of Delivery within 48hrs of Production of Proof of delivery.
If she does not feel well at the end of 84 days , she may further give a notice under section for 9 of the act for an extension 30 days of Maternity leave with full wages/salary.
During this period no employer can terminate her services, as such all such termination would be illegal under provisions of the act.
To avail the maternity benefit , one should have worked worked for minimum 80 days in preceeding 12 months including weekly off, paid holidays , public holidays.
I hope i have made clear , the way out .
From India, Rohtak
Hello,
I am not an expert in these matters, but not sure if Avinash's suggestion will be valid/applied in this case, since she is still on Probation.
And as far as the 'HR Practices' point is concerned, there's hell of a difference between talking & practicing--remember Satyam--they even got the Best Corporate Governance Awards? I can guess which Company you are referring to.
Rgds,
TS
From India, Hyderabad
I am not an expert in these matters, but not sure if Avinash's suggestion will be valid/applied in this case, since she is still on Probation.
And as far as the 'HR Practices' point is concerned, there's hell of a difference between talking & practicing--remember Satyam--they even got the Best Corporate Governance Awards? I can guess which Company you are referring to.
Rgds,
TS
From India, Hyderabad
Hi Avinash,
Pl. let me know is there any Act /document saying 80 days include weekly offs. In my company the HR is not counting weekly offs in 80 days & as per that saying I might not be eligible for Maternity leave benefit. So urgently need the document to convince her.
Thanks & Regards,
Neha
From India, Hyderabad
Pl. let me know is there any Act /document saying 80 days include weekly offs. In my company the HR is not counting weekly offs in 80 days & as per that saying I might not be eligible for Maternity leave benefit. So urgently need the document to convince her.
Thanks & Regards,
Neha
From India, Hyderabad
lolzz so funny of you and your wife to join a company on 6 month of pregnancy just for money , money money, money and that HR also so funny to give offer to pregnant lady inspite of knowing in 3 months she will go on long leave. I have no more words to tell...and you are now worried your wifes career is finished lolzzz,
From India, Madras
From India, Madras
Dear deadsoul2011
If you wish you give your advise lest keep quiet.
It is not the place of humour. You can visit to HR HumouR section and post your funny and irritating replies. No one is going to bother. If you cannot reply properly to the subject means do not post any reply here. Your one post should not take other members too think in the direction and let others to give wrong replies, which will hurt the feelings of the agrieved persons.
Hope you are not working for Charitable basis and work for money only. Let your company say next six months we cannot make your salary. Will you be available to serve for the company?
Obviously everyone is running for money only. That's the final rude result of the discussion. It is not that only money is matters, Social Status, Position held, Respect in society, etc also will come into accountability alongwith money.
I will give you good status, social respects too but without giving you salary means will you accept the job?
Thank, Think, Think before posting such reply Deadsoul2011
From India, Kumbakonam
If you wish you give your advise lest keep quiet.
It is not the place of humour. You can visit to HR HumouR section and post your funny and irritating replies. No one is going to bother. If you cannot reply properly to the subject means do not post any reply here. Your one post should not take other members too think in the direction and let others to give wrong replies, which will hurt the feelings of the agrieved persons.
Hope you are not working for Charitable basis and work for money only. Let your company say next six months we cannot make your salary. Will you be available to serve for the company?
Obviously everyone is running for money only. That's the final rude result of the discussion. It is not that only money is matters, Social Status, Position held, Respect in society, etc also will come into accountability alongwith money.
I will give you good status, social respects too but without giving you salary means will you accept the job?
Thank, Think, Think before posting such reply Deadsoul2011
From India, Kumbakonam
You should have informed HR about pregnancy, if you have informed already then I m sure any HR will clarify maternity leaves policy before joining.
Even i faced such problems hiring newly married lady. before offering we explained her about our expectation of long term involvement in the project.
No wonder! after 3 months she applied for Maternity leave and we had to manage with a contractor.
From Switzerland, Hunenberg
Even i faced such problems hiring newly married lady. before offering we explained her about our expectation of long term involvement in the project.
No wonder! after 3 months she applied for Maternity leave and we had to manage with a contractor.
From Switzerland, Hunenberg
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