Paid And Unpaid Leave: Cancelling Job Offer Due To Maternity Leave - CiteHR
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Hi Everybody, I have recently joined a Domestic BPO organization as a HR. can anybody help me out on how to design HR Policies for my organization.
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Hi,
Designing a policy for the organisation is a scientific process and involves lot of exercise. Please do not copy paste policy of an organisation even if it is from the similar industry.
Please do following process
1. Go through all the existing policy in the organisation and see if they need any revision and if you find any defect.
2. Speak to the management as well as finance team, specially those reimbursing to employee and see if there is any uncontrolled area
3. Think about the business and the control it required
4. Speak to legal team and then accordingly decide
You may refer my following article which may help you
Employee handbook format
Regards
Govind

Here are some thoughts:

1) You can issue a letter deferring her joining date to March or April 2015 as per your organization convenience. This way you can hire someone now who can join sooner, and at the same time, account for any attrition which will surely happen between now and March 2015.

2) There shouldn't be a problem withdrawing the offer, provided you can prove that the candidate did not disclose this required information at the time of interview. There should be some declaration format where the candidate has signed off saying that all information shared is true and correct. Yes it would be discrimination in a minor form, however, the organization is not a charity. Take legal counsel before going down this path

3) In this situation you shared, she is not going to be entitled for ML anyway. So let her join, provide basic induction, and team assignment and let her work from home at 50% of offered salary. That way, both the employee and the organization will gain.

Make sure you have taken all approvals in writing before you communicate with the employee.

All the best.

Regards,
Hi
if she is working in your organization for more than 80 days then she is eligible for the maternity leave. if she doesn't spent 80 days then it is her responsibility to revealed the fact at the time of interview. and moreover if she didn'd then you can give her unpaid leave. Canceling the offer letter is not right thing to do on maternity basis as she already joined your company.
In this situation considering her responsibility, the right thing to do give her leave but without any remuneration.
Friend,
The responsibility of the candidate in communicating her pregnacy to the probable employer cannot be negated before the interview process. Generally , companies have no problem in abiding by the leave norms entitlement for a female employee . In this case , we must understand that there are more facts unknown to the forum before we become judgemental and blame the company alone.
Take care,
Sourav Mukherjee
Pregnancy is neither a disease nor misconduct, nor a ground for separation by termination nor a disqualification.....
The HR should act in a responsible manner and educate the employer.
The establishment should not discriminate and invite the penultimate action.
As per Maternity Act, Maternity Leaves Applicable when a female employee conceive after the joining of the organization In this case she has only accepted the offer letter but not joined also she is pregnant before getting this job hence not at all she entitled for any Maternity Leaves.
You can do following steps.
1. Legally You can cancel the appointment as she has hide the facts that she is pregnant and she will not be able to join the orgnisation.
2. You may offer fresh appointment after her Maternity is over and she willing to join the organization.'
Mr. Tyagi The query is that the employee has already informed the employer that she is 4 month pregnant and she will be going for Maternity Leave, she has not hidden the fact of her pregnancy
Please confirm 80Days are including Leaves/W/Offs/Holidays OR only Present Days will be counted.
Weekly off/holidays/approved leave is counted in period of service
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