Hi All,
This thread is about a query regarding maternity leave.
One of my friend who is an IT professional got a good job offer from a big MNC company while she was 3 months pregnant.
She is now in a confused state whether to join that company or not. She can join asap as she is idle now.
Would there be any issues fromn the company side, if she joins them hiding this and then later informs them that she would need to take leave after 5 months.
Please advice.
Regards,
RK

From India, Kochi
RK Nair
as per my opinion tell your friend to be professional, Don't even think of hiding such thing it may create problem in future, Suppose by hiding this she got the job what next? no doubt she will get Maternity leaves but her relations with HR and management will get spoiled.
Tell them the real situation & let them decide whether to recruit her or not, in this case her professional attitude will make her side strong.
Hiding any information for personal benefit & which may become problematic for company is not good thing.
Arun J.

From India, Hyderabad
Dear Nair,
Please find the below clause ---
"No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit for a period of not less than one hundred and sixty days in the twelve months immediately preceding the date of her expected delivery"
As per law the employee should have worked over there for at least 160 days preceding the date of expected delivery.
Regards,
Snehalata

From India, Pune
Dear Snehalata, Now it is eighty days in place of one hundred sixty days. Regards, R N KHOLA 09810405361
From India, Delhi
Dear R K Khola,
Thank you for making additional input in my knowledge..
Please let me know where I can get the Revised & Amended Laws & Acts in India...I mean which website I can refer?
Regards,
Snehalata
Executive SBU HR

From India, Pune
Snehalata,
If suppose she has worked for 150 days only. 10 days less to complete 160 days, here she is not eligible but in this case most of management will allow her to get the maternity benefit.
Now days HR & Management also think from employees point of view. Management will not deny the benefits only for 10 days.
Our management has given full benefit to one of our employee who has just worked for 103 days. I think management should not stuck to law they must side by the law if employee is being benefited. It's HR role to convince Management.
Arun J.

From India, Hyderabad
Dear RK
The Act provisions have been very well discussed above. I would like to again emphasize upon to be professional. You friend must reveal about her pregnancy. If not, this will be detected at the time of medical examination which is mandatory before acceptance of joining report. If she reveals the fact, it is just likely that her offer may be postponed/kept in abeyance till her delivery. But if she confines the truth and it gets surfaced later on, perhaps the management will loose faith and confidence in her, and you may better imagine the consequences.
Best wishes to you and your friend.
AK Jain
HR Personnel
NCL, CIL

From India, Jabalpur
As rightly pointed out by Sh. Khola; the qualifying period is now 80 days.

Please understand that if a female employee has already worked for 150 days or 103 days; by giving the Maternity Leave, the Management is not showing any MERCY or CHARITY.

They are COMPLYING with the Laws, which they are bound to do.

As HR professionals, one should know all the legal compliances and abide by it. If the person who is required to guide the management on these aspects; himself is not aware of these; one can imagine the havoc created.

REFERENCE :

THE MATERNITY BENEFIT ACT, 1961

ACT NO. 53 OF 1961 1*

[12th December, 1961.]


Sec. 5 (2) No woman shall be entitled to maternity benefit unless she

has actually worked in an establishment of the employer from whom she

claims maternity benefit, for a period of not less than 1*[eighty

days] in the twelve months immediately preceding the date of her

expected delivery:

1. Subs. by Act 61 of 1988, s. 4 (w.e.f. 10-1-1989).

All are requested to go through the relevant Acts, before giving any opinion on such matters. A wrong opinion/response can seriously jeopardize the situation for the person concerned.

I am attaching the MB Act 1961 herewith.

Warm regards.

From India, Delhi

Attached Files
File Type: pdf Maternity Benefits Act 1961.pdf (45.5 KB, 587 views)

Dear RK Nair

I beg to differ from the opinions expressed by others.

Please see my post above on Maternity Benefits Act.

The law does not deny employment to women who are three months pregnant.

You can tell your friend to join the company - the big MNC.

Big MNCs, big national companies and PSU do not discriminate on this; as they declare themselves to be "Equal Opportunity Employers"

It is only the small companies who are penny-pinching by nature - who do not have any qualms at stealing the employees benefits, even if it has been ordained by Law, who will have issues with such things.

A Maternity Leave with benefits is the right of a female employee, as long as she fulfills the qualifying criteria.

To bar a woman from employment under such circumstances, would amount to Sexual discrimination as well as scant regard and respect for Women-friendly Laws.

As HR professionals, it is our moral duty to just and fair; rather than be a puppet of convenience or law-breakers at the hands of a scrupulous management. Sorry to say this, but there is enough evidence in the form of posts in this forum.

Warm regards.

From India, Delhi
She is eligible for benefit if she has worked for 80 days during 12 months prior to confinement,But do not conceal the facts to the employer.Even today there are employers (even MNCs are not saints in such matters ) who are reluctant to appoint pregnant women.At the most they ask the women to join after delivery.
Concealing the facts may be harmful later.
Varghese Mathew
9961266966

From India, Thiruvananthapuram

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