amttyagi
1

*Such Practice may be due to multiple reasons like Medical Problem after Pregnancy, Family Problems and also due to our Social Structure. They are protected by Law and also not socially viable to take any step against them
From India, Delhi
Kalpanas
2

No one can deprive maternity benefit from a women. Its permissable by law and its very much required.
Government organisations are offering 6 to 1 year leave with pay to women employees but the same is not applicable to private organisations wherein the situation demands this benefit for this very important stage.
Thanks,
Kalpana

From India, Mumbai
sanjeevntpl
7

Dear Madhumita
As per the Maternity Benefit act you cannot stop the payment for the same. Also if the empolye is covered under ESIC act then the burden automatically is lessen. Those who are not covered then you check wether she has worked for 80days or not as the liability arises then only. But by any means you cannot stop the salary only because she is on leave and you have doubt that she will return back or not. Pls do not encourage such practice as your organisation wil be in trouble if they do not go by the statutory acts and provisions.
Sanjeev

From India, Delhi
ANTONY_XAVIER
14

Dear All, I am very sorry friends if I would have hurted your sentiments, my intention to say so was not on the basis of the gender. Regards
From India, Madras
bk_padma_s
Hi Madhumita Roy,

As your issue is most of the women employee’s resigning from Job after Maternity leave. We cannot stop them from doing so and law would not accept it.
First let us analyze the reason for the same and try to minimize this:
You said yours is a hospital which means women employee’s need to work at night shifts also, but let us be practical will anyone be ready to leave a 3 months old child at home and come to work in odd timings.. I really don’t think anyone would want to, so I suggest you should make some alternative arrangements which make them feel to come to work.
· May be work shifts should be only day timings or
· Timings could be little flexible or
· Working for 6 hrs or so instead of 8 hrs a day, at least for two more months from their maternity leave.
· Extending the leave of maternity without pay for few more days.
By doing this they would at least think to come back to work and try these timings or any other benefits that you would give which would facilitate them to take care of their baby. Incase these doesn’t help them or they are still facing any issue, you could always check on the issues they are facing and then decide. At least you would well in advance know what would happen.
Hope this could be an alternative suggestion as you cannot stop or hold their resignations.
Thanks and Regards
Padma
Write to me: [IMG]https://www.citehr.com/misc.php?do=email_dev&email=YWx3YXlzcGFkbWFAZ21haW wuY29t[/IMG]

From India, Bangalore
rshan_n
Hi, I am working in a US based Staffing company, is this law mandatory for those type of private companies also? pls let me know the details. thanks, shan.
From India, Hyderabad
skpartha
Dear Shan, For any "factory", "Shop or Establishment" which is registered and operational within the country these laws are applicable .... Rgds, Partha.

skpartha
Dear Madhumita,
I would like to wait to hear on reaction as there is an ammendment to the act and the new proposal is to increase the maternity leave to six months from the current 12 weeks :icon10:
Even though this has come out as a law but just imagine ?
Best is to have the nurses outsourced for a vendor, so your liabilities are limited to that extent.
Rgds,
SKP.


vjagan
2

Hai Madhumita Roy,

I feel B.K padma's view is having some postive approach to solve the issues. Added to B.K pasdma's view , few more ssuggestions are as follows

1. You can encourage the staff those who are joining after their maternity leave(M.L) by giving some kind of extra allowances. ( which may be planned in advance before recuruitment as part of CTC)
2. Make some policy, where employees those who are coming after M.L leave will get some lumsum benefits ( like those who are working 5 years after M.L return).Part of compensation plan.
3. Creche facility is important to address this issue.
4. Make strong cosideration to the women employees. If they are leaving means, having strong social and baby requirments. This cannot be avoided.
5. Encourage the women employee to go on long leave without any payment.( Parally you can develop the pool of contractual staff to address the permenent staff leave)

Please keep in mind that no body interested to be idle in their house in this economic world. We need to give some kind of relaxation to motivate the emploee to over come their situation.

Please don't feel them as burden/ problem and encourage and treat them as real family members. they will love to work for the organiganisation and definitely will come back.

Regards

From India, Bangalore
shefali.saxena
4

Hi,
I believe, you have got enough solutions on how to approach this issue. Would like to add one thought. HR is all about managing human resource. We have to play an important link to facilitate healthy work environment. Any action taken by HR is evaluated by employees. We have to be careful in creating and implementing policies and processes.
Please look into the real issues, you must have got enough feedback from employees on why they are quitting, present the fact and data to management to come up to a long term solution.
We have to continuously adapt HR according to the industry and business requirements while ensuring our employees are receptive and positive and overall work culture is good.

From India, Delhi
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