I respect your concern of saying that why women has to join anywhere in case she is expecting and that tooif she has planned,its simply wasting one's time and employer's cost over the same. However, u need to understand that Pregnancy is not ALWAYS planned,there are unexpected pregnancies too where as an individual neither an employee,employer or in that case u can help it. So Let it be the concern for the concerned employer.
Thanks
From India, Ahmadabad
Thanks
From India, Ahmadabad
dear Friends,
As per law the benefit of doubt should be given to the accused. In this case the interpretation of the lines should be that a minimum of 80 days in the preceding year the candidate should have worked and which is met. ( the interpretations should be that an employee who is frequently absenting also , if had worked for 80 days in the preceding 12 months, the maternity leave should be granted). As HR professionals we should behave such a way that the employees are made to feel human and company take care of our interest. I fully agree with the view point of Mr.Vkokamthankar and read with the lines given by Rajan Associates, the employee shall be granted leave and raising the question of asking to resign should not arise.
let us try to close the war of mails.
have a nice time .
Regards
avmoorthy
From India, Ahmadabad
1As per law the benefit of doubt should be given to the accused. In this case the interpretation of the lines should be that a minimum of 80 days in the preceding year the candidate should have worked and which is met. ( the interpretations should be that an employee who is frequently absenting also , if had worked for 80 days in the preceding 12 months, the maternity leave should be granted). As HR professionals we should behave such a way that the employees are made to feel human and company take care of our interest. I fully agree with the view point of Mr.Vkokamthankar and read with the lines given by Rajan Associates, the employee shall be granted leave and raising the question of asking to resign should not arise.
let us try to close the war of mails.
have a nice time .
Regards
avmoorthy
From India, Ahmadabad
Dear Seniors,
Thank You for your feedback I have a small query on the MBA act whether the employee who is on maternity leave is entitled for mandatory holidays and festival holidays if it falls during the prenatal and post natal duration. Is it 84 days + mandatory stated national holidays+ declared festival holidays or limited to 84 days inclusive of mandatory ,national & festival holidays. 2. Whether Bonus is payable under Bonus Act 1965 for the salary/wages of 84 days. 3. Whether Earned leave to be calculated on the above 84 days under Factories Act 1948.
Regards
Shiva kumar
From India, Bangalore
Thank You for your feedback I have a small query on the MBA act whether the employee who is on maternity leave is entitled for mandatory holidays and festival holidays if it falls during the prenatal and post natal duration. Is it 84 days + mandatory stated national holidays+ declared festival holidays or limited to 84 days inclusive of mandatory ,national & festival holidays. 2. Whether Bonus is payable under Bonus Act 1965 for the salary/wages of 84 days. 3. Whether Earned leave to be calculated on the above 84 days under Factories Act 1948.
Regards
Shiva kumar
From India, Bangalore
Dear Mr. Suresh_kms,
Thanks & Regards
From India, Pune
- My post was in response to a suggestion by a fellow Citehr member to ask the pregnant employee to resign because she is pregnant.
- ‘now as you jumped into conclusion that citehr members posses Inhuman, Chauvinistic and Stone Age views’ In my opinion particular view of a poster is Inhuman, Chauvinistic and Stone Age. I did not conclude anywhere that all the views of Citehr members are Inhuman, Chauvinistic and Stone Age. You have misconceived and misinterpreted my view.
- ‘you are supposed to give a proper reply to the post interpreting the maternity leave benefit act’ Sorry, I have already posted stating that, I have not studied legal provisions of Maternity Benefit and hence I will remain silent on that.
- ‘Beating around the bush doest solve the queries in this forum. Writing 'paragraphs' about what we are supposed to do and follow is always easy’ I entirely agree with you. Without beating around the bush I expressed my views that asking employee to resign because she is pregnant is wrong. Practice what you preach, If you have any comment against what I have posted, please post it, be specific.
- ‘But when it comes to entitlements based on any act or policy, follow the law in vogue, that’s all’ please let me know under which provisions of which law pregnant employee can be asked to resign.
- ‘HR people are not here to curtail or deny any benefits which are admissible under the law, but to implement it in the best possible manner for the betterment of employees and the company’ I am feeling very happy and relieved to read this and I endorse your views.
- ‘Change your misplaced notion’ I am also a HR Professional and my view is same as you i.e. ‘HR people are not here to curtail or deny any benefits which are admissible under the law, but to implement it in the best possible manner for the betterment of employees and the company’ I do not feel my notions are misplaced and they need to be changed.
Thanks & Regards
From India, Pune
Dear All,
Now i get confuesd!!!!!!
4 example Mrs. Jyoti join ABC company in Jan 2009, and she get pregent so no duubt she will ask for leaves in the month of Aug Sep or oct.....so in ths period automatically she will b eligible to get the leave.........
if i m nt correct than pls suggest meee....
From India, Delhi
Now i get confuesd!!!!!!
4 example Mrs. Jyoti join ABC company in Jan 2009, and she get pregent so no duubt she will ask for leaves in the month of Aug Sep or oct.....so in ths period automatically she will b eligible to get the leave.........
if i m nt correct than pls suggest meee....
From India, Delhi
OMG at last I am very confused. What I have understand by going through all your replies are as she have worked for more than 80 days but the thing is that whether she have completed 1 year (In this case she haven't) what is the answer. Yes or No?
Still having doubt will ask my friend advocate to clarify the same.
From United Kingdom, London
Still having doubt will ask my friend advocate to clarify the same.
From United Kingdom, London
Dear Friends, i have query on payment of salary to the one who availed maternity leave soon after completing the "80 Days". Is it mandatory to pay such employee?? please guide me.
From India, Gurgaon
From India, Gurgaon
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Creche under Maternity Benefit Act.pdf
MATERNITY BENEFIT ACT 2009.doc