Recruitment/talent Acquisition, Career Counselling
You are a very old member of CiteHR.
Pl search the old threads as this topic was discussed MANY MANY times earlier.....using the 'research' feature @ the top of this page.
However, pl note that performance has nothing to do with Maternity Leaves. You mentioned '....since joining....'. When did she join? This will have a bearing on her eligibility for ML.
And, even accepting your note about her performance is right, it's a bit impractical to fire her now....any such action could be CONSTRUED as a pointer to the Company NOT willing to give her maternity leaves.
5th September 2015 From India, Hyderabad
The object of Maternity Act is to protect the dignity of motherhood, so that the woman can take special care of Health of the new born and herself. The Maternity Benifit is a Compliance not any choice. Even if the performance of the lady is not upto the expectation, she is entitled to avail Maternity Benefits. Since ur co. is not covered under ESI, you have to give her the entitlement/s.
The CL, SL & EL should not be part of the Maternity Leaves. For more detail you can search on net or can purchase the related Act Book form authorised Distributor (Jaina Book Agency, Gupta Book Agency etc. You will find more detail.
5th September 2015 From India, Delhi
At national Level the Act applies to establishments having ten or more employees.Some states have removed this limit of 10 employees.
To be eligible for benefit a women should work under the employer for more than 80 days in the period of 12 months prior to the date of expected date of confinement
.If so employee is entitled for 84 days benefit ie leave with salary.This is 42 days before and 42 days after confinement..In addition she is eligible for the benefit for 30 days more, if she suffer from any diseases arising out of pregnancy ,child birth etc
.CL,SL etc are in addition to Maternity benefits.
5th September 2015 From India, Thiruvananthapuram