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Thread Started by #rahul_rr143@rediffmail.com

I m working in it Company.
My Company has sent a offer letter to girl, she accepted it but she told that she is pregnant for 4 months, she will join the company from Jan 15.
after joining she will require the maternity leave from March end.
she is asking about the leave.
That will paid or unpaid leave. AND can we cancelled her appointment .
please guide me.
Thanks
18th November 2014 From India, Pune
Dear Rahul,
Cancelling offer because of the only reason of Maternity leave is unfair. Before offering the job you have to verify regarding those things.
As well from your company point of view it is not going to give any profit. because after joining she might be in training period so after training she will be on maternity off.
The company have rights to cancel the offer before joining and it is not going to big deal for you but the reason which is stating is too sensitive so you keep her offer as HOLD at present. So convey those things to her and make her understand.
18th November 2014 From India, Chennai
I second Nijanthan C, if you have already offered her job and if she has accepted it, then it will be unfair to cancel it. What is the stand of the HOD/interviewer.
Last but not the least you can cancel the offer made to her stating that you cannot hold her joining in January 2015 as you want to hire a person on immediate joining basis.
18th November 2014 From India, Ahmadabad
Thanks Nijanthan & saji Please clarify that for this case leave will be paid or unpaid ? b coz she will join on 5th Jan 2015 & will take leave from 20th March 15 Regards, Rahul
19th November 2014 From India, Pune
If she works for atleast 80 days in 12 months immediately proceeding the date of her expected date of delivery she is eligible for Maternity Benefits.
19th November 2014 From India, Ahmadabad
Dear Rahul
As per Maternity Benefit Act 1961 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:
May be it help you
Regards
Anurag
19th November 2014 From India, Hyderabad
Hi,
If she works for 80 days after joining, she is entitles for 12 weeks maternity leave
If she has not revealed the fact at the time of interview, you may cancel the offer letter. further it is upto your organisation to decide whether you can handle work in her absence for 12 weeks, on the basis you may take a call
The 12 weeks leave will be paid leave.
19th November 2014 From India, Mumbai
Dear Anurag please share the amendment if any with regards to 160 days in preceding 12 month instead of 80 days to update myself
19th November 2014 From India, Ahmadabad
It is a sensitive issue. It can crop up as gender discrimination, discrimination to pregnant woman.
The woman employee is eligible for Maternity leave if she has worked in the establishment for 80 days......before expected date of delivery.
19th November 2014 From India, Chandigarh
It is 80 days, not 120 days in the twelve months immediately preceding the date of expected delivery and the women employee is entitled for all benefits with paid leave. AKS
21st November 2014
#Anonymous
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.
24th November 2014 From India, Hyderabad
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

24th November 2014 From India, Mumbai
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,
25th November 2014 From India, Mumbai
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.
26th November 2014 From India, Chandigarh
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
27th November 2014 From India, Bangalore
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.
27th November 2014 From India, Chandigarh
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.'
28th November 2014 From India, Delhi
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
29th November 2014 From India, Ahmadabad
Please confirm 80Days are including Leaves/W/Offs/Holidays OR only Present Days will be counted.
29th November 2014 From India, Chennai
Weekly off/holidays/approved leave is counted in period of service
29th November 2014 From India, Chandigarh
A pvt. Ltd. MNC in Gurgaon Notice board content
Hi Guys,
Please let me know the list of certificates to be displayed on office notice board. for eg. Shops and establishment Act. etc.
Regards
Deepali Saxena
1st December 2014 From India, Delhi
The issue here is not with the candidate. At least she was forthright in communicating her pregnancy. It is the company which is in hesitant mood just for sake of saving 12 weeks pay which is a social responsibility. She is in motherhood, treat her properly.
Pon
2nd December 2014 From India, Lucknow
This is very critical issue please think and take advice from experienced person
3rd December 2014 From India, Gurgaon
The Simple facts here are,
1. Every company has probation period and 80% of the companies do not provide any leaves in the Probation period
2. As per Maternity Benefit Act 1961, she has to work in that company for a specific period of time to avail the Maternity benefit which is definitely more than 6 months.
3. 9/10 companies work on profit maximization concept, where there is very low scope for emotions now days, so these majority of companies will not allow her the paid leaves and will either ask her to leave or will inform her about LWP.
Hence, maybe I am bit harsh being an HR but cancelling the offer letter is the step taken because its the need of the time. Also they have not given her the appointment letter and there is a clause in HR manual or documents that company hold the rights to cancel the offer letter.
Regards,
Amol H.
HR
3rd December 2014 From India, Mumbai
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.
Ryan,
Man, I don't know on which parallel universe, the above mentioned point can be considered.
3rd December 2014 From India, Mumbai
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