Saswatabanerjee
Partner - Risk Management
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
+12 Others

Thread Started by #swapnaleehr

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
13th March 2012 From India, Mumbai
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.
13th March 2012 From India, Pune
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??
13th March 2012 From India, Mumbai
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.
13th March 2012 From India, Pune
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
13th March 2012 From India, Hyderabad
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

13th March 2012 From India, Mumbai
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
13th March 2012 From India, Mumbai
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.
13th March 2012 From India, Pune
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
14th March 2012 From India, Pune
Dear Anil, Thank you so much for this information... I’ll surely convey this to my Boss... Hopefully, he’ll understand... Regards, Swapnalee
14th March 2012 From India, Mumbai
Dear Anil, As i am working with the small organization of 20 employees what should i do apart from recruitment?? as in how should i start??
14th March 2012 From India, Mumbai
Hi,
I have worked in an organization for 10 months and when the time came for appraisals, they have fired me with the reason "Cost Cutting and Downsizing"
Please help as they are not interested in giving salary for the last month too. What I need to do?
Regards,
Shikhar
14th March 2012 From India, Delhi
Dear Swapnaleeeeeeeeeeeeeeee

I hopw u will fine and following infromation will be useful to u.

A)If am H.R. Manager of manufacturing company and in this company want recruit new employees then I will take information from HOD’s How many employees need to work in organisaton ?

B) Job Analysis : After having decided how many persons would be needed it is necessary to prepare a job analysis which records details of training, skills, qualifications, experiences, which are needed for a job. Job analysis includes the preparation of job descriptions and job specifications so right man on right job on right time will gate and organization goal will success.

C)Recruitment Policy : After job analysis I will make good recruitment policy. In this policy must contain following elements :

• Organisation objectives - both in the short term and long term must be taken into consideration as a basic parameter for recruitment decisions and needs of the personnel area wise job family wise.

• Identification on the recruitment needs to take decisions regarding the balance of the qualitative dimensions of the would be recruits.

• Preferred sources of recruitment which would be tapped by the organization.

• Criteria of selection and preference

• The cost of recruitment and financial implications of the same.

D) Forecast of manpower recruitment : In this point will specify the indents or requisition :

• The jobs or operations or positions for which the person should be available.

• Duration of their employment

• Salary to be offered and any other conditions and terms of employment which the indenting officer feels necessary.

Then I will use various stages in the recruitment process include:

• Identifying the need to recruit

• Identifying the job requirements.

• Deciding the sources of potential recruits

• Deciding the selection method

• Short listing candidates.

• Selecting the successful

• Notifying candidates of the outcomes

• Appointing the successful candidate

• Identifying the need to recruit : When a vacancy occurs the first issue to consider is whether there is a need to fill it. There is also question of whether it is the same job that needs to be filled. In considering this issue the employer should take account of the following alternatives: Reorganization, Flexible working, Unsung part time or casual staff, Using contractors, staff transfer or promotion, Job sharing, computerization.

Identifying the job requirements. : This stage of the process entails being about the content of the job. And the characteristics required of the person in order to perform the job to the necessary standard. This means that there should first be a clear jibe description and the need to fill a vacancy is an ideal opportunity to review any existing job description to ensure that is still meets the organizations requirements and a personnel specification setting out the characteristics required of the jobholder.

Content of the personnel or person specification : I will gather all information of recruitment so I will make seven point plan as following:

1. Physical make-up- Health, appearance, bearing and speech

2. Attainments – Education, qualification, experience.

3. General intelligence –Intellectual capacity

4. Special aptitudes – Mechanical, manual dexterity, facility in use of words of figures,

5. Interests – Intellectual, practical, constructional, physically active, social artistic.

6. Disposition – Acceptability, influence over others, steadiness, dependability, self-reliance

7. Circumstances – any special demands of the job, such as ability to work unsocial hours travel abroad, etc

Five fold Grading System :

1. Impact on others – physical make-up, appearance, speech and manner

2. Acquired qualification – education, vocational training, work experience.

3. Innate abilities – quickness of comprehension and aptitude for learning

4. Motivation – individual goals, consistency and determination in following them up, success rate

5. Adjustment – emotional stability, ability to stand up to stress and ability to get on with people.

Deciding the sources of potential recruits : There are number potential sources of candidates for jobs :

• Internal Sources: I will find personnel needs are filled through transfer or promotions. Internal source thought it is the main source of recruitment . After this needed candidate then I will use External sources as following :

• Organisation itself : The first port of call when considering how to fill a vacancy will usually be the organization itself and this can have advantages in terms of motivations, moral and development as discussed above.

• Word of mouth : Jobs may often be filled by existing employees letting their friends and acquaintances know of any vacancies. While this approach will save the costs of advertising or recruitment by some other.

Drawing up an Advertisement : When drawing up an advertisement the following rules should be followed :

• Consider the key aspects of the job and ensure that these are appropriately stressed.

• Describe the organization and a few key features

• State the job title and summarize the main duties or accountabilities.

• Describe the location

• Describe the method of application and any closing date.

• Adapt the style of the advertisement is discriminatory.

• Newspaper and magazine advertisements : I will give advertisements in local newspaper, journals and trade and professional periodicals stating the availed job duties and responsibilities, emoluments, qualification and experience required for the job. For senor post the market is more likely to be a national one, justifying the use of national newspaper, although this is likely to prove costly.

• Job center and employment agencies : After this I will take help of Employment jobcentre. Agencies tend to specialize in one particular type of staff such as secretaries or accountants.

• Selection consultants : I will take advice of selection consultants that they can bring considerable expertise to the selection process and can frequently attract suitable candidates.

• Executive search consultants : If I would like recruit higher position then I will take help of Executive search consultant..

• Schools and universities : I will take help of schools, collages to provide a flow of potential employees.

• Internet : I will search employees on internet.

Selection Method : The selection process really begin with the organization choice of how the applicant should respond to an advertisement

• Application form or curriculum vitae : After this I will prepare selection method how application should respond to an advertisement .

• Application forms

• Letters of applications

• Telephone

Interview : A selection interview is a controlled conversation between an applicant for a job and the employer or someone representing the employer, designed to test the suitability of the applicant for the job in question.

I will use two types of interview: 1) Direct Interview : It is a straight forward , face to face question answers session between the interviewer and the interviewee.

Non-direct interview : No direct questions are asked in this interview.

Conducting Successful interviews : There are a number of rules to be followed when conducting selection interviews these are follows :

• Before the interview, During the interview and After the interview

Selection Tests : The defects of the more traditional method of recruitment have led many organizations to look for more objectives predicator of performance

Psychometric tests : Psychometric tests involve applying standard procedures to applicants in such a way that their responses can be qualified.

Intelligence Tests : Intelligence tests are the oldest kind of psychometric test having been designed by bidet and simon in 1905.

Aptitude and attainment tests : These test are designed to test particular aptitude or abilities and can therefore be made very relevant to the job in question

Personality tests : Personality is an even vaguer word than intelligence and this is probably the biggest problem with personality tests.

• Medical Examination/Physical examination : Application who get over one or more of the preliminary hurdles are sent for physical examination either to the organization physician or to a medical officer approval.

• Placement : After Medical Report fit for job interview a particular person is selected for a given job, often more than one person may be selected for the jobs of similar nature. In the second case, individual employees have to be put under individual supervisors with the approval of the latter.

• Personnel Report : Selected candidate will give appointment letter and joining date first will fill joining report. I will made his personnel file and all estimated copies of certificate education & experience will filing in his personal file.

• Orientation (Induction Proramme) : Selected candidate introduce with all employs and give induction programme. During the period he is informed about the company and its products. He is provided with a completed description of his job and also a copy of the rules, policies and procedures to be followed by him. He will informed about his authority , responsibility, his superiors and subordinates. The new employee may also be taken round the office and plant and made familiar with activities and schemes of the enterprises.

Bye Swapnaleeeeeeeeeeeeeeeeeeeeee.

Anil (ajadhav@embio.co.in) or rediff.com,

9420649119

Can be friend?
14th March 2012 From India, Pune
Dear Swapnalee Do u want know about IR, HR policy, TRaining, Leave, Bonus, PF, Gratuaty, Labour Law, Factory law, welfare, Salary, wages, contract , statutory compliance, letters. Anil
14th March 2012 From India, Pune
Dear Swapnalee,
You may cater to three types of leave namely casual leave, earned leave and maternity leave. Duration of leave may be decided as per the requirements of your company except the maernity leave which will be governed by the Maternity Benefit Rules/Act of the Govt.
Casual leave may be sanctioned even during the probation period whereas the earned leave may be calculated @ one day for every twenty days of work and be admissible on completion of one year of continuous service.
Regards
S.K.Johri
14th March 2012 From India, Delhi
Dear Swapnalee,
Tell your boss that now your company is small but when it will grow it will require these basic policies in place so instead of doing it later it is advisable to be prepared for it.
I suggest you keep latest edition of bare act books with you for better guidance.
Regards,
Sandesh

14th March 2012 From India, Mumbai
Hi Swapnalee
Kindly go through the below documents of Payment of Wages Act & Maternity Act and show these acts to your boss.
It is compulsory to give Maternity leave for working women for any company.
There is way if the employee is in probation period,the employer need s that employee, he need to provide certain amenities for that employee.
please refer the below acts for your reference.
If the employer is not provide Maternity benefits he is bound to liable for other consequences.
Regards
Suresh VVN
14th March 2012 From India, Hyderabad

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As per Maternity Act, All confirmed employee should eligible for Maternity leave. And you may not hire the pregnant staff.
14th March 2012 From India, Madras
Dear all,
Thank you so much for your help..
I have already conveyed all the acts regarding maternity leave to my Boss but he is not ready..
He told me to get the solution or option for Maternity leave.
He doesn't want to give maternity leave to any of the employee...
Please tell me how should i go for the policy formation then??
What will be the consequences of making such policy without Maternity leave??
Regards,
Swapnalee
15th March 2012 From India, Mumbai
Permitting leave -CL/PL -during the probation period depends on the policy of the organisation. I would like to know whether leave accrues to the employee during the probation period. Dinesh
15th March 2012 From India, Mumbai
Dear Swapnalee,
In most of the organisations, leaves of any type are not allowed during the probation period
Even though the new joinee is eligible for leave from the day of his joining he can avail the leaves only after confirmation.
However, the situation in which an employee avails leave during probation also needs to be taken into consideration.
In cases of leave availed on account of death of immediate family member of the employee,management should not deduct leave even if he /she is on probation.
Such leaves granted are normally not on papers.
Regards,
Sumit
15th March 2012 From India, Mumbai
Hi Sumit,
Thanks for the information.
But the main issue in my organization is about Maternity leave..
My boss is not ready to include maternity leave in a leave policy..
What will be the consequences of forming such a leave policy against any act??
Regards,
Swapnalee
15th March 2012 From India, Mumbai
Materinity leaves are medetry as per law and if your boss is not ready to quote it in leave policy then make sure you get this in blank & white so later on no one can Q you for such practices...
Regarding Leaves during NP is depend Co. to Co. n nothing is stated under law about such things. IF you NP is 2-3 months then you can propose to give max 15 days leaves during NP but not more then 5 leaves in one go.
15th March 2012 From India, Pune
Hi Mr. Raj
you are absolutely right but he said i am supposed to give solution for this Maternity leave & its not his responsibility..
I am very much confused, if i form such a policy then employee will go against me..
15th March 2012 From India, Mumbai
Nothing to happen goahead not a problem with out Maternity leave, you can manage the things Suresh VVN
15th March 2012 From India, Hyderabad
Mr. Suresh, are you sure??? that if i formulate such a kind of policy then my employer & me wont be in trouble??
15th March 2012 From India, Mumbai
Swapna Not a problem that is our intenal polocy you are not published any where so goahead Regards Suresh
15th March 2012 From India, Hyderabad
Swapnalee

Perhaps you are barking up the wrong tree.

1. How long is your probation period. In most companies its 3 months. Then maternity leave is not a problem. The employee needs to have worked more than 3 months to qualify.

2. If probation is more than 3 months, then just specify that no leave is allowed during probation. Dont specifically mention Maternity Leave.

3. Nothing in the law can take you to court for having a policy. At worse an employee can go to court for not getting the leave she deserves as per law. The person responsible at that time is the owner not you. You have already informed him so he can not hold you responsible. (keep a copy of the mail in your personal records)

4. About other leave, our company also does not allow any leave during probation. If anyone takes leave, it counts against him during finalisation of his employment. Ofcourse, we allow leave without pay for genuine emergencies. But that is a deviation that the partners / owners / directors will approve and is never documented.

Probation is the time to see how serious the employee is. So leave is rarely granted in probation

regards

Saswata
17th March 2012 From India, Mumbai
Saswata is also correct while preparing the policy during probation period leaves cann’t be provided . you can make a note and take signature on the policy keep in your file.
17th March 2012 From India, Hyderabad
i want to know that is there any requirement to give the leave application in the company & also i m new joinee and take too many leaves bcoz of the health purpose in the call centre?????
Plz rply me ASAP.
23rd April 2013 From India, New Delhi
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