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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
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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.
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.
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
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.
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
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.
Dear Anurag please share the amendment if any with regards to 160 days in preceding 12 month instead of 80 days to update myself
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.
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

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