Saswatabanerjee
Partner - Risk Management
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
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Dear all,
I am forming a leave policy for my organization..
This is software company, and we have employee strength of around 20.
Please tell me if i should allow to take leaves to employees in a probation period.
Even my boss is not ready to include maternity leaves in leave policy...
What should i do??
Please help..
Regards,
Swapnalee
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Hello,
Convey him properly. And employees can take leave in probation period. But he will get less number of leaves than permanent employee. Means if permanent employee get 1.5 EL each month then probationer get 1 leave for month like that. Every company has their own policies.
Hi Madhuri..
Thanks...
But is ther any standard rule or policy for leaves in probation period???
and what about maternity leaves?? it should be given or not???
and if given, it should be paid or not??
Hi swapnalee,
In some organization leave during probation is unpaid, hence no leaves are allowed. whereas certain organisation does allow people to take sick leaves..this you could work out with your senior whethe to go in for it or not..
secondly, abt maternity benefit I guess the employee needs to complete 90 days of continous service to be eligible for maternity benefit..employer does not have the choice of not implementing it.
Hello Swapnalee,
Reg the leaves during the Probation period, what Nivedita mentioned is right--it varies from company to company.
Another way of looking @ this issue depends on the Notice Period your company has--if it's long [2-3 months], than some amount of leaves during the NP would be realistic--on what grounds/reasons depends again on the company. Many companies usually allow only medical/sick leaves.
Coming to the Maternity leaves Policy, Madhuri has suggested rightly--just underline the relevant lines in the Act about the consequences of what would happen IF IT'S NOT PRACTICED in any company. If your boss is ready to face the questioning/consequences from Govt/judicial arms of such a situation, then just forget it--my feeling is: he may not be like to face the consequences if someone filed a case in any court later.
All the Best.
Rgds,
TS
whatever till now has been mentioned about maternity leaves is absolutely correct
For leaves during probation period, some companies do give leaves either CL or SL and adjust them after completion of probation period. This again depends on companys policy as mentioned earlier by respective members.
Regards,
Sandesh Chavan

Thanks to Nivedita, tajsateesh & Sandesh Chavan,
Thank you so much for the help...
But my Boss is not ready to give any kinds of leaves in probation period.
Talking about Maternity leaves, i have already intimated him about the Maternity act but he is least bothered..
Now what should i mention in Leave policy?? Shall i mention about Maternity leaves or not??
and if i don't mention, what should be the consequences??
Regards,
Swapnalee
Hi Swapnalee,
Leave during probation will be unpaid if your boss is not allowing it. It would entirely depend upon his will as its his company...You can just suggest, whereas about maternity benefit, its a statutory obligation on the employer (if the conditions are satisfied). My suggestion to you would be communicate all this to him through mail once again, so that if anyone (outsider) asks the HR dept about maternity benefits ,you can very well show them that you had informed about this to the boss well in advance, enforcing this was was out of your authority.
Dear Swapnalee.

The following details are for Maternity Leave.

CHECK LIST

Object of the Act



To protect the dignity of motherhood and the dignity of a new person's birth by providing for the full and healthy maintenance of the woman and her child at this important time when she is not working.



Coverage of the Act



Upon all women employees either employed directly or through contractor except domestic women employee employed in mines, factories, plantations and also in other establishments if the State Government so decides. Therefore, if the State Government decides to apply this Act to women employees in shops and commercial establishments, they also will get the benefit of this Act. Bihar, Punjab Haryana, West Bengal, U.P., Orissa and Andhra have don so.



Conditions for eligibility of benefits

Women indulging temporary of unmarried are eligible for maternity benefit when she is expecting a child and has worked for her employer for at least 80 days in the 12 months immediately proceeding the date of her expected delivery {Section 5}



Cash Benefits

Leave with average pay for six weeks before the delivery

Leave with average pay for six weeks after the delivery

A medical bonus of Rs. 25 if the employer does not provide free medical care to the woman

An additional leave with pay up to one month if the woman shows proof of illness due to the pregnancy, delivery, miscarriage or premature birth

In case of miscarriage, six weeks leave with average pay from the date of miscarriage

Non Cash Benefits/Privilege

Light work for ten weeks (six weeks plus one month) before the date of her expected delivery, if she asks for it

Two nursing breaks in the course of her daily work until the child is 15 months old

No discharge or dismissal while she is on maternity leave

No change to her disadvantage in any of the conditions of her employment while on maternity leave

Pregnant women discharged or dismissed may still claim maternity benefit from the employer

Exception: Women dismissed for gross misconduct lose their right under the Act for Maternity Benefit



Conditions for eligibility of benefits

Ten weeks before the date of her expected delivery, she may ask the employer to give her light work for a month. At that time she should produce a certificate that she is pregnant

She should give written notice to the employer about seven weeks before the date of her delivery that she will be absent for six weeks before and after her delivery. She should also name the person to whom payment will be made in case she cannot take it herself

She should take the payment for the first six weeks before she goes on leave

She will get payment for the six weeks after child-birth within 48 hours of giving proof that she has had a child

She will be entitled to two nursing breaks of fifteen minutes each in the course of her daily work till her child is fifteen months old

Her employer cannot discharge her or change her conditions of service while she is on maternity leave {Section 5}





Leave for Miscarriage

& Tubectomy Operation

Leave with wages at the rate of maternity benefit, for a period of six weeks immediately following the day of her miscarriage or her medical termination of pregnancy

Entitled to leave with wages at the rate of maternity benefit for a period of two weeks immediately following the day of her tubectomy operation



Leave for illness arising out of pregnancy etc.



A woman suffering from illness arising our of pregnancy, delivery, premature birth of child (Miscarriage, medical termination of pregnancy or tubectomy operation) be entitled, in addition to the period of absence allowed to her leave with wages at the rate of maternity benefit for a maximum period of one month. {Section 10}



Prohibition of dismissal during absence of pregnancy

Discharge or dismissal of a woman employed during or on account of such absence or to give notice or discharge or dismissal on such a day that the notice will expire during such absence or to vary her disadvantage

Discharge or dismissal during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence, or to vary to her disadvantage any of the conditions of her service

At the time during her pregnancy, if the woman but for such discharge or dismissal would have been entitled to maternity benefit or medical bonus, etc

Not barred in case of dismissal for cross misconduct















Failure to Display Abstract of Act



Imprisonment may extend to one year or fine.

Forfeiture of maternity benefit



If permitted by her employer to absent herself under the provisions of section 6 for any period during such authorized absence, she shall forfeit her claim to the maternity benefit for such period.



For discharging or dismissing such a woman during or on account of her absence from work, the employer shall be punishable with imprisonment which shall not be less than 3 months, but it will extend to one year and will find, but not exceeding Rs.5000.00 {Section 18}



Anil Jadhav
Dear Anil, Thank you so much for this information... I’ll surely convey this to my Boss... Hopefully, he’ll understand... Regards, Swapnalee
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