New Maternity Benefit Act---Company Saying No Gazetted Notification Yet - CiteHR
Dinesh Divekar
Business Mentor, Consultant And Trainer
Korgaonkar K A
Srinath Sai Ram
Hr Manager
+3 Others

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Hi All
As i can see gazetted notification already being sent for amendment and applicable from 1.4.2017 onwards. When i raised query to HR team they replied me that gazetted notification not being released yet so there is no change in policy. Can anyone please suggest?

Dear friend,

Check the following thread of this forum:

When did you raise query to HR? If it was after 29th or 30th Mar 2017, and even then also if they have given reply of this kind, then their reply has two possibilities. First is that your HR could be pretending about the amendment to avoid granting of the extended period of maternity leave. The another possibility is that really they did not know about the amendment. If it is latter, then hardly they deserve to be in HR.

Social media or even mainstream media itself was awash with news on this amendment. Many HRs are members of various forums of social media. Notwithstanding this if the "HR Team" is really ignorant then hardly they deserve to be in HR! It is better if they quit HR and join something else lest they may do more disservice to this people-centric function than good!

You may tell your HR Team to read these comments.


Dinesh Divekar

Thank you so much Divekar Sir.
I raised query Around 4-5April and Yesterday i got that response which is quite surprising for Me.
They closed ticket just by saying that gazetted notification not yet received. Though now i have reopend ticket and attached Act/Effective date PDF . I am still waiting for response . We have 3months policy for ML, so suppose if they deny to give 26week ML , Is there any way i can ask them to approve 26Week of ML?

Dear friend,
I recommend you escalating the matter to the higher authorities of HR. Attach the gazette notification to your mail.
If the HR still remains inexorable, then tell them you will be forced to make complaint to the Department of Labour or Karnataka Council for Women (KCW) or directly to the Ministry of Child and Women Welfare and onus of action for denying the maternity leave will solely with the authorities concerned of your company.
You have said that they tortured you for submitting your resignation. Next time when they try doing it, please record the conversation. You should be able to do it smartly. Audio file will act as material evidence, if needed,
Dinesh Divekar

This situation is bound to happen in India for initial months coz hr Dept is also bound to obey mgt decision.
My suggestion would be wait instead to getting hyper.
Also u r correct by reopening the request and attaching the MT policy for their reference.
In India there are 5% good companies and 95% unorganized companies who would not like to employee women coz they don't want to pay MT benefits for 6.2+1 long months.
This act demotivated employers from employing womens.
India was not ready for this act now

The effective date of the amendment to maternity benefit Act has been notified in the gazette,which is 1.4.2017,except the provision of crèche for which the date is 1.7.2017
well all the suggesstions i found quite good and effective, however, i would suggesst you to not to agree on resignation and deny it. No company policy is over and above govt. rules. as far as maternity leaves and benefits are concerned you need to approach to ESIC or Labour office in company's juridiction area. I guarantee that no management can make you exit just like that. It is understandable that company doesnt want to bear the cost of 26 weeks salary but it actually leads to discouraging women employees to work and being and indian company this fact will always remain. Now its up to you whether you want to fight for right thing or not. being and educated person you must approach the labour office or ESIC. also would like to mention about gratuity, that is you have completed 4 yrs and 240 days then no company policy can stop you to be eligible for gratuity.
Dear Mr Varghese Sir, Provision of Creche is also effective from 01-04-2017. Provision of Working from Home is from 01-07-2017.For your information.
Dear panswehunkcool,
I suggest take whatever MT leaves you r getting and rest go for LEAVE WITHOUT PAY OPTION.
Dont fight for your rights in india coz then it is difficult to get a job. U would hardly loose 3 months salary and if you get an extension of leave from your HR dept then treat as your destiny.

MB Amendments are made available to this forum by many members. Even in this thread our Super Moderator Shri. Dinesh Divekar ji has given a link for the necessary documents of the amendments.
It will be appreciated if instead of asking to download the files from your website,contribute your knowledge and views in the discussion. Your such kind of posts in between the discussions in progress disturbing one. I am sorry to write it madam.
You are free to make your advertisements but not during the discussions in progress.

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