Maternity leave - in the first year of service this leave is not allowed - CiteHR
Dinesh Divekar
Business Mentor, Consultant And Trainer
Gm (hr)
+1 Other

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when i applied for maternity leave the office had added these two points in the agreement
1. A Female employee is allowed total of 12 weeks of ML including paid and unpaid leave, but in the first year of service this leave is not allowed.- highlighted text not mentioned in the Agreement at the time of joining.
2. In case of a key employee, maximum a paid leave of 2 (two) weeks, 3 (three) months of work from home facility and 2 ½ (two and a half months)of Leave Without Pay. – point not mentioned in the Agreement at the time of joining
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can company add any point anytime. they are not giving the leaves also stating you have taken work from home
Dear Suchi,

When did you join the company? What is your DOJ as per appointment letter? Who has told you about these clauses? Do you have proper HR department in your company?

Both the clauses mentioned in your post do not stand scrutiny of either Maternity Benefit Act, 1961 or ESI Act, 1948. Since we do not know your monthly salary, it cannot be said which law is applicable to you. There is nothing like unpaid maternity leave. Occasionally women face complications in their child birth and ask for the additional leave. It could be Leave Without Pay (LWP) also.

Legal interpretation apart, it is important to know whether you would like to continue your employment in this company after maternity break. I say so because whether to take on your employers depends on how pressing need of the job do you have.

Search this forum and you will find adequate discussion on this forum about eligibility for maternity leave. Approach your management through HR and apprise them of the legal provisions. If they remain inclement to your pleas, you may approach the labour office of the area where your company is located. Take the appointment letter and the printout of correspondence about your maternity leave and explain your problem. I doubt whether your company will have nerve to disoblige decision of Labour Officer (LO).

You may approach local chapter of National Council for Women (NCW). They will address letter specifically to you about eligibility of maternity leave. Show this letter to your employers.

About addition of clauses in appointment letter: - Yes, terms and conditions of employment can be revised. However, these should fall within purview of the law of the land and cannot contravene in any manner.

General Comments: - HR of the company could have been thoughtful while inserting such illogical or illegal clauses (mentioned by the poster of this post) in the appointment or any other official communication. The poster appears to be from IT/BPO industry or some industry similar to it. On the one side, HR professionals are most vocal about HR jargon and on the another side they give short shrift to the basic legal compliance out of sheer ignorance or otherwise. If HR is people's function then, HR needs to educate management on basics of labour laws. Paradox of the situation is obvious. Govt of India is thinking of increasing maternity leave from 12 weeks to 24 weeks but employers wanted to cut short the existing eligibility also!


Dinesh Divekar

Dear, There is no unpaid leave and the said agreement is void abnitio.any agreement against law is void. A femle employee who has worked 80 days before proceeding on maternity leave is entitle for 12 weeks.
paid ML
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