Dinesh Divekar
Business Mentor, Consultant And Trainer
Bharat Gera
Principal Hr Consultant
+2 Others

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Hi I was on maternity leave for 12 weeks and extended maternity leave for 6 months Now after joining my employer says I won't get any leave benefit and no CL for current session though I am a permanent employee already served 6 years in this organisation Still being treated as fresher without any benefits...
Seeking Suggestion

From India, Bhilai
Dear Ankita,

It appears that your employer wanted to recover the maternity benefits that he has provided to you, albeit partially. That is why he wanted to suspend benefits like CL etc for you. However, any employee benefit if it is there, it has to be uniform and employer cannot isolate anyone. Moreover, employee leave is statutory benefit and it cannot be snatched from the eligible employees. The decision is aristocratic and gives semblance of medieval times.

Now you have following options to choose:

a) You may talk to HR and find out why these kind of restrictions imposed on you. Secondly, how long these restrictions will last? Will it be for the rest of the year or more than that? If you are not satisfied, then you may put up application with the highest authority and seek restoration of your benefits. The benefit of this application is that you will come to know whether the instructions have come from top or it is the handiwork of HR. Most probably it will be former than latter.

b) If you are not satisfied with (a) then you may approach the Labour Officer (LO) of your area and make a formal complaint for depriving the leave benefits. Now whether LO will intervene or not will depend on your position. However, if he intervenes, your employer may perceive it as your belligerence and they may try to fix in some or other issue. Framing juniors is never difficult for the seniors. Therefore, be cautious!

c) The last option is just to keep quiet. Your employers were considerate towards your request for the extension of your maternity leave. It could be Leave Without Pay (LWP) also, however, sparing a resource for additional six months is not that easy. They have allowed to continue your employment even after such a long absence. This could be in view of your six years of service and may be your performance record. What if they had not acceded your request? If not the type of hardship that you are facing now but you would have faced hardship of different kind.

Anyway, more than half of the calendar year is as such over. You may bear with these restrictions for rest of the calendar year and accept it as your quid pro quo.

I have given three options, which to choose is your call.


Dinesh Divekar

From India, Bangalore
Does your org employ 10 or more people? If yes, the MB Act is applicable to it. And it is bound to extent benefits under the act.
If they are mentioning about leave entitlement on your maternity leave + 6 months period, then they will be correct if they deny leave entitlement for 9 months (12 weeks+6 months). Leave on leave taken is not available under shops or factories act, the period will be considered only for yearly days eligibility criteria.

From India, Mumbai
Did you inform them that you were pregnant? Have you filled in forms mentioned under the act & have acknowledged copies of the same? If answer is yes, you can drop last communication claiming the benefit and request to honour the claim, failing which you will be forced to approach labour office.
If they still don't pay really approach the labour office & seek their guidance in the matter. Please to with necessary copies.

From India, Mumbai
You can clear all your queries with the HR after going through the company policies and claim in detail. If you are not benefited then it is better to leave the job and look for a better one.
From India, Bengaluru
Company does not need policy for maternity benefit, it is specified in the act & has to be followed. Are you suggesting her to quit before claiming benefit amount? Please don't post without proper understanding of the situation.

From India, Mumbai
Dear Ankita,
1. Stay put and do not leave the job. Fight for your right & take it from employer as it is your rightful claim as per law.
2. Employer is trying to bully you, do not bother and take a firm stand.
3. What is your designation?
4. Are you covered under ESI?
5. What is the total strength of your company?
6. Have you contacted HR Head of your company and claimed your benefit?
7. While on maternity leave, were you getting your salary every month?
8. Please note that maternity benefit is your right and the employer is not doing any charity.
Please answer these questions to help you.

From India, Thane
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