Labour Law & Hr Consultant
Industrial Relations And Labour Laws
Partner - Risk Management
Venkata Vamsi Krishna Patnaik
5th November 2017 From India, Salem
At the most they can consider increasing probation period by the period of ML.
You have worked more than 80 days as such.
5th November 2017 From India, Pune
5th November 2017 From India, Mumbai
The school is expected to follow Maternity Benefit Act and allow you maternity leave with salary for 26 weeks. There is no question of break of service. During your absence from duty the management can engage any teacher temporarily for a fixed term. Once your maternity leave is over and you join back, your date of joining will remain unchanged.
Whatever I have quoted is true in the case of schools run by professional management and not by unscrupulous persons who take a huge amounts from the parents of the students by way of tuition fees and pay very less to teachers who teach the students. Whatever I have said is not applicable to such managements who consider parents as assets and teachers as liabilities only. Your management seems to be in the second category and even if you demand maternity leave as per Law they will not give you and will ask you to go (that also is illegal) because they know that nobody from the Labour department will come and question them, perhaps at least the top officials will be one of their Committee Members!!
Against all these, I would say that you should demand it and get your rights.
Madhu T K
6th November 2017 From India, Kannur
6th November 2017 From India, Hyderabad
As per law, you are eligible for maternity leave. That is paid leave not unpaid leave
The law also specifies that a woman employee cannnot be terminated during pregnancy and maternity leave.
So you are eligible to work for the entire period of pregnancy and get paid for that and 26 weeks of maternity leave. And it can not be considered as service break.
However, you are on probation, so there is nothing in law that requires the management to confirm you and give you a permanent job. Therefore at the end of the maternity leave, the school is free to tell you to stay home and that they do not wish to employ you. They are free to give you a service break AFTER your maternity leave and re-employ you next academic year
Now, itís a question of weighing the pros and cons to decide where the bargaining power lies and how open is the school management to accepting they are wrong. Based on these factors decide whether you wish to fight or not
10th November 2017 From India, Mumbai
I am not savy enough or do not know how to take up this matter further so have left it to karma ( what goes around comes around).
10th November 2017 From India, Mumbai
A) Whether any continuous and statutory leave of absence of an employee such as maternity leave would affect his/her continuity of service?
B) What is the impact of such longer spell of authorized leave particularly on the probationary status of the employee concerned?
The answer for issue-A is that any leave of absence granted by the employer to his employee under the service regulations or the provisions of any statute applicable, whether with or without wages/salary, is to be construed as duty only irrespective of its duration or type. Maternity Leave is a statutory leave with wages/salary. Hence by implication ML entitles an employee to all service benefits other than the monetary effect of annual increment falling due during the leave period. Therefore, maternity leave will not affect the service continuity of the concerned employee.
Regarding issue-B, probationary period, in employment parlance,is a specific stretch of period of time during which the character and abilities of a new employee to the role or job assigned to on his/her placement in the organization is tested or observed by the employer. At the end of the period, the employer will take a decision whether to continue his/her services or not based on his/her performance during such period.If the performance is okay, there will be a declaration to the effect that the individual has completed the period of probation successfully and confirmation on the job in writing. Otherwise,either his probation would be extended further or his services would be terminated as provided for in the contract of service. Any authorized longer spell of leave like M.L availed of by the employee during the course of probationary period would naturally shorten it and therefore the proportionate extension of the period becomes imperative.
Coming to the comments of our learned friend Mr.Saswata Banerjee, I am afraid whether it reflects the management's/employer's perspective alone. I am in agreement with him only to the extent that there is nothing in Law compelling an employer to confirm a probationer after completion of the probationary period and give him a permanent job. But, I am not able to accept that the School is free to tell the employee to be at home on the expiry of her ML just because it has interrupted the probationary period and they don't wish to employ her and free to give a service break after ML and reemploy during the next academic year. I don't think that such a stand can be substantiated both legally and ethically for it would defeat the very purpose of the Maternity Benefit Act,1961 and make a mockery of the concept of probationary status of employees.
Regarding the School's observation cited by the poster in the last one, it is none of the business of the Education Department to question the head count unless the school is aided by Govt. funds. Even otherwise, since the employee is on statutory M.L and after the expiry of the ML she is going to be working in extended period of probation, how comes the question of head count? Simply put, the school does not want to pay for the Statutory M.L.- that's all.
At times, excessive belief in Karmic Theory renders the suppressed remain docile to the core!
10th November 2017 From India, Salem
Trusts are not exempted from the operation of labour law and as such teachers who do a noble profession should get their rights by all means. If trust is for charity then students should also get education free of cost.
The scenario in the hospital is no different. There are a number of hospitals where the poor nurses and sub staff are treated like .....and the management claims that they are run by trusts.
Madhu T K
10th November 2017 From India, Kannur
17th November 2017 From India, Mumbai
I feel pity when I see HRs allowing the management to engage workers through contractors when there is scope for their direct employment. I do observe HR person transferring an employee to remote locations saying that transfer is a management prerogative and it cannot be questioned by the workers, hiding the fact that this transfer will not benefit the company in any way. I have seen people in HR denying the benefits of employees saying silly reasons. One of the HR Managers (by designation he should be Head of HR or VP of HR or even Director HR)who claimed that they take the role of HR independently belonged to the above category and instead of praise and appreciation of employees take the pat from the Management and thereby increase the revenue by way of performance! Interestingly, the one who gets selected as the Best HR Manager will be the person who deprives benefits to employees!
It is highly regretting that our role is such that we cannot survive unless we compromise our values. Organisations like that described through out this thread should understand that without employees, the teachers, they cannot run it. It is the ultimate efforts of the teachers which create results and thereby enable the institution to get more popularity and revenue.
Madhu T K
18th November 2017 From India, Kannur
18th November 2017 From India, Salem