Dinesh Divekar
Business Mentor, Consultant And Trainer
Saswatabanerjee
Partner - Risk Management
Harsh Kumar Mehta
Consultant In Labour Laws/hr
Remarker01
Deputy Manager
+1 Other

Thread Started by #remarker01

My maternity leave has ended on 7 the May as per 12 weeks clause however as per recent amendment ,I am eligible for 26 weeks leave.I have shared all documents about amendments from labour ministry website however my organisation says that they have no information that employees who were already on maternity leave as on 1st April are eligible for extended benefits.I have been chasing this with organisation since 27 April and now I am attending office effective 8 the May as my leaves were not extended.Please suggest
15th May 2017 From India, Delhi
Dear member,
Please check the clarification issued by the Ministry of Labour:
Clarification on Recently Notified Maternity Benefit (Amendment) Act,2017
Thanks,
Dinesh Divekar
15th May 2017 From India, Bangalore
Dear remarker01,
Please find the enclosed clarification about your query. Please show this to HR Department even though they did not follow the same please approach DLC office.
You approach management and show them enclosed document.
15th May 2017 From United Arab Emirates, Dubai

Attached Files
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File Type: pdf The Maternity Benefit (Amendment) Act, 2017 Clarification.pdf (735.7 KB, 129 views)

I have already done this.Shared clarification released on 8 th May and they are failing to comply. What should I do next as I don’t want to spoil relationship with organisation
15th May 2017 From India, Delhi
Dear member,

If you do not wish to spoil your relationship with the organisation then you will have to accept whatever they say. Anyway, you have joined your duties. Now the only option is to continue duties without grumbling.

However, if you wish to take calculated risk then you may approach the labour officer of your area and explain your situation. Carry proof of your employment like appointment letter, ID card, correspondence with your HR department etc.

What is the size of your organisation. If your organisation is big enough where you do not come across with MD of the company then you may approach the labour officer. However, if you work in private limited or in a company where there is one-man show then you need to exercise your discretion.

Lessons for HR: - On the one side, HR always talks about employee engagement and denies legitimate dues on the another. These double standards of HR are despicable. The HR Head of the member's organisation could be going to the town and giving lectures on leadership. But once back to office, what happens is just antithesis. This is why HR does not get respect and always play second fiddle. When it comes to show the personal leadership, HR always holds back. That is the travesty of the profession is.

Thanks,

Dinesh Divekar
15th May 2017 From India, Bangalore
My organisation is a global one spread across many countries and as per them , they have not received any notification from labour department about recent changes hence they can not comply.What is the process by which organisation are informed of changes in labour laws.Also if I have joined office,will it stop me from getting maternity leave extension considering I have been fighting with them even before end of leaves and they were not able to give me satisfactory response.If In future,if organisation is notified by labour department,will it apply to my case and will they be bound to comply as it is mandatory as per recent clarification
16th May 2017 From India, Delhi
#Anonymous
This is a very ludicrous argument put across by your company. They must know that the government communicated to corporates only through press releases and media. Especially, amendments such as these are never sent to individual companies, since the law is applicable to millions of establishments across the country. I would suggest to request them in writing that they are unable to enforce the law because they have not received it. Ask them for a written confirmation and tell them that you will seek clarification from the statutory authority in writing why they have not sent the circular to your company based on their written response. They know the consequences of such a response.
Alternately, you could complain to labour authorities and they will ask for compliance report and ensure compliance.
16th May 2017 From Indonesia, Jakarta
Thanks..Just one more query,Does it say anywhere that if I have joined office,I am not eligible for extended benefits of Maternity Leave
16th May 2017 From India, Delhi
#Anonymous
It does not say so. Incidentally the punishment for denial of leave is 3 months imprisonment. Please read the amended act and highlight it to your HR guys.
17th May 2017 From Indonesia, Jakarta
Dear member,

If the your HR says that they have not received any notification from the labour department about inclusion of the women employees who were already on maternity leave then it is not just ludicrous argument but silly as well. If labour department did not intimate them then why they did not lodge complaint against the labour department or labour ministry?

If your company is MNC then you may approach the labour office of your area and make a formal complaint. Give your HR a chance to tell labour department about non-receipt of notification.

Nevertheless, before approaching the labour office, I recommend putting up application for the personal interview with the Head HR. Tell him that you have been denied your right to avail of maternity leave for 36 weeks. Tell him that you have taken advice from the members of citehr about the legitimacy of your claim. This forum has HR consultants, labour consultants, retired labour commissioners as their members. Tell him that juniors in his department have blamed labour ministry for not informing them about this new legislation on maternity benefits. Tell him that if your plea is not acceded then you will be forced to approach labour office and onus of unpleasantness created out of your complaint will lie with them and not with you. If Head HR prevaricates or still remains defiant then you may approach the labour office.

Trust me howsoever, your HR senior may be, he/she will develop cold feet to face HR. Most of the MNCs are reluctant to face labour officers. Many members who had some or other HR issue, had approached me personally. I had told them to approach labour office of their area. Just a call from the labour office and the intransigent HR were straightened in no time.

With all said and done, I feel that this decision of denial of maternity leave could be decision of some top boss and he could be firing from the shoulders of HR. Employers in India are yet to come to terms with the new law which gives increases their wage bill. However, instead of educating to the senior management about denial of the legitimate dues, HR thought fit to play yes-person.

Thanks,

Dinesh Divekar
17th May 2017 From India, Bangalore
1. Sir, the publication of any amendment/ new law enacted and enforced in the Gazette Notification of the appropriate Govt. itself is a valid proof accepted by all courts/tribunals. Once a gazette notification is issued, every body / general public is supposed to know the contents of the same. The Govt.(Labour Department) is not required to send any papers to individual factories/units regarding changes in law, procedure etc. etc. since the same are published in the official Gazette of the appropriate government. The contention of the employer that they have not received any communication from labour department or any other govt. agency , in my opinion, appears to be not valid and is only an excuse to deny the benefits to the needy and eligible woman employees.

2. But the main question at this stage regarding payment of maternity leave after 12 weeks to 26 weeks as per amended law is whether the claimant woman employee has obtained medical fitness certificate from authorised medical officer before joining her duties ? If so, how she can now claim extension of her maternity benefit after 12 weeks when she has now been medical declared fit and joined her duties ?
17th May 2017 From India, Noida
If you were denied the leave, and were forced to rejoin, the company is liable to give you remaining paid leave or give you monetary compensation equal to the paid leave denied. Whether to exercise and how, you need to follow the decision tree given by Divekar sir
17th May 2017 From India, Mumbai
#Anonymous
One of the mandatory requirements of this new amendment is that it has to be socialised to all women employees and also displayed in the notice board prominently. You could raise this point with HR. I guess you have enough points now to take up the matter. Ensure that everything is in writing. Like Dinesh has mentioned, follow the protocol of first going to the head of HR. And keep us posted about the outcome.
17th May 2017 From Indonesia, Jakarta
Thanks for the clarification,I had to join office as there was no clarification from HR.I am not aware if any medical certificate is needed of fitness before joining Office after Maternity Leaves.I am fighting for leaves not because I am unfit medically,I am doing so as I don't want to deny my child of breast feeding
17th May 2017 From India, Delhi
I had meeting with Labour Compliance team of my organisation and I was advised that organisation has not received notarised amendment from labour department hence they are not liable to amend policy.I was advised that I can go to court if I want however organisation will fight as press notification is not legally binding on them
29th May 2017 From India, Delhi
#Anonymous
There are two options,
a) Ask your labour compliance team to get a legal opinion.
b) Take it up with the statutory authorities.
The fact that your company has been willing to discuss this matter, shows that they are open. Hence, it should be easy to convince them to get a legal opinion..
29th May 2017 From Indonesia, Jakarta
Your office compliance team is a bunch of idiots
Any joker who claims that the government press note is not enforceable or that they have not got a notarised copy of the amendment should not be holding that post.
It seems only option you have is to,file a complaint with the labour commissioner of your area. A showcause by him to the MD will probably make them turn their tails and run
30th May 2017 From India, Mumbai
Thanks for everyone's support .I giving up my fight for extension of my leaves.Its sheer apathy of organisation and carelessness of government in not notifying organisations correctly which is impacting people like me.Read a similar case in a newspaper where a school teacher in Delhi has filed court case as she was also denied her rights and high court has issued notice to State and Central Government as she was also informed that Government has not issued Legal Notification and case is up for hearing on 9 th October

It will too late for me as my six months period will end in August.Organisations would take all the time in the world to celebrate Mother's day but cannot give leaves to a Mother which is her right.Thanks everyone for support

This discussion helped me put my case strongly across to management however I can't go to Labour Commissioner as it will not be anonymous and I don't want to spoil my career.It feels so helpless to bear all this..
7th June 2017 From India, Delhi
#Anonymous
That's sad. Even if you give up your fight, for the sake of fairplay and equity to your colleagues, I would suggest to send a letter to the labour commissioner that the MB act has not been socialised to the lady employees. You can remain anonymous. The labour department will pull them up and by default, you could benefit, since the moment its socialised, you could put up your claim.
7th June 2017 From Indonesia, Jakarta
Strictly speaking you are eligible. By the time the amendment is effected and you were still in maternity leave you have the liberty to utilise the same. Because you have joined, which means that you have become fit for work and therefore, it need not necessary to provide additional leave to you by the management. If in any case you were required to extend the leave before joining into your duties on the grounds of ill health this would have been a boon to you to to extend for the remaining period. According to the recent notification of GOI the extension was applicable since 1-4-2017 and this is applicable to those who were already in such leave and not yet joined in their duties. Since your prenatal period was earlier to the notification you are eligible only to the post natal period of 13 weeks. Out of which you have already utilised 6 weeks as per old system. Now you regret that you have lost the seven weeks of he second half. A little delay is occurred, which made your management to take sideways in your case. If you raise a dispute before a labour department quasi-judicial authority there may be chances of your win but it may be at the cost of your job. At least now try to get a medical certificate from the concerned doctor or from ESI, if your establishment is covered under ESI, for extension of leave on the grounds of recurrence of problem....kesavapanda@gmail.com.
11th July 2017 From India, Chennai
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