Aniket Pathak
Sr. Officer Hr
+6 Others

Thread Started by #akhati

A case has to my notice. Details of case like this. Shilpi has been working in a garment Manufacturing and Export Company for last seven years. She is expected to be a mother of still born baby. She approached HR for maternity leave for 26 weeks as per Maternity Benefit Amendment Act-2017, of which 8 weeks before the date expected date of delivery.
The HR department is telling her to apply first for PL, when all the PL will be exhausted, remaining days will be adjusted from his 26 weeks maternity leave.
Here I would like to address all HR People that Maternity leave is a special leave granted to women employees. No adjustment or debit to any other kind of leave is permissible. If it is done they will bring the Company in wrong side of law. If the matter is reported to Human Rights Commission, they will set right the concerned HR officer.
A.K. Hati
9771438224
8th March 2018 From India, Kolkata
The company may have put in place such leave policies which is wrong anyway.
Hr does not decide leave policies.The top brass decides leave policy as per law governing the establishment.
HR advice is vital in this matter
Denial of maternity leave is against existing law.
8th March 2018 From India, Pune
#Anonymous
Did she want more leaves other than 26 weeks? If yes, than PL's can be used.
8th March 2018 From India, Hyderabad
Dear Mr. Hati,
The leave under MB has got nothing to do with earned leave. The rules followed or suggested in the matter by the establishment is not above the statute. Advice the concerned not to apply for the PL rather take the help of the licensing authority under whom the establishment is registered or obtained a licence.
9th March 2018 From India, Mumbai
Dear colleague,
What HR has done is not only unjust but patently illegal. To forcibly tell the lady employee to exhaust pL first and then avail of ML is idiosyncrasy on the part of HR who is bringing disrepute to HR profession.
In MB Act , there is provisions for adjusting PL after MLis exhausted and not the reverse order.
Labour authority's help can be taken if HR continues with this injustice.
Regards,
Vinayak Nagarkar
HR-Consultant
9th March 2018 From India, Mumbai
Dear All:
Even here (in Pakistan) Maternity Leave has no strings, "First this, then ML!" The organization's HR is being entirely unjust. The lady must proceed immediately as per the doctor's advice on ML, and her family, friends and supporters must take the HR rep. to the Court. Plain and simple
Arif ur Rehman
9th March 2018 From Pakistan, Karachi
The action on the part of HR is totally unjust and the recent amended MB act is not being implemented. The importance of motherhood is not yet realized by the people and hence ignored. The affected lady should approach to labour authority for her right.
9th March 2018 From United States , Stoughton
Dear Members,
As already brought out by various learned members, the organisation is being unjust, unkind & blatantly illegal to the woman in question.
Some of my thoughts on this subject (please correct me if my interpretation is wrong)
A) Sec 4: The Maternity Benefit Act does not say that employee has to be given "leave". Rather what it says is "No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery [miscarriage or medical termination of pregnancy]" & also that "No woman shall work in any establishment during the six weeks immediately following the day of her delivery [miscarriage or medical termination of pregnancy]."
B) Maternity Benefit (MB) period is called "leave of Absence" & not "Leave". There is a difference. A leave of absence (LOA) is a period of time that one must be away from one's primary job, while maintaining the status of employee. This is different from normal periods away from the workplace, such as vacations, holidays, hiatuses, sabbaticals, and "working from home" programs, in that they are considered exceptional circumstances, rather than benefits. Generally such an arrangement has a predefined termination at a particular date or after a certain event has occurred" (Source : Wikipedia)
C) Sec 9, 9A & 10: "Leave" with wages at the rate of maternity benefit has been specified for certain specific cases such as Miscarriage, Tubectomy & illnesses arising out of pregnancy.
D) Sec 5(3): The maximum period for which any woman shall be entitled to maternity benefit shall be 26 weeks of which not more than eight weeks shall precede the date of her expected delivery.
E) Sec 6(4) : On receipt of the notice, the employer shall permit such woman to absent herself from the establishment during the period for which she receives the maternity benefit.
Summing up & few Questions:-
1) Maternity benefit (leave of Absence) for upto a maximum of 26 week is a woman employees right, crucial for the normal development of a new born child; and employers CANNOT DENY IT, if the employee asks for it.
2) While the MB Act Amendmend (2016) has extended the MB Period to 26 weeks, it is silent on Sec 4 which explicitly prohibits employment of a woman for 6 weeks after delivery ( I am not aware of any earlier amendment to this section). While the act talks about MAXIMUM 26 weeks MB Period, it does not explicitly lay down a MINIMUM period, except way by Sec 4 (which prohibits employment for 6 weeks after delivery). Does it mean that a woman can ask for MB period from 6 weeks to 26 weeks (if she so desires)?
Notwithstanding my queries above, I firmly believe that a new born Child definitely requires his/her mother's constant attention and care for as long as possible.
Thanks & Regards
Arun
12th March 2018 From India, Kochi
#Anonymous
The leave under good start, is to take a look at the organizations interpersonal skills in both senior executives because of the effect their management style staff.
Dissertation Help UK
13th March 2018 From Pakistan, Karachi
Dear Sir,
She is expected to be a mother of still born baby. She approached HR for maternity leave for 26 weeks as per Maternity Benefit Amendment Act-2017, of which 8 weeks before the date expected date of delivery.
It seems nobody read this sentence in the post.
20th March 2018 From India, Pune
Dear Aniket,
I did notice the use of the word "Still Born Baby" and because of the space between "Still" and "born", I presumed you meant "yet to be born" and not "stillborn" (god forbid). There is a whole world of difference.
In case of a "yet to be born baby", she is entitled to 26 weeks Leave of Absence with Maternity Benefit from 08 weeks before the date of delivery. There is no argument on that.
In case of a "Miscarriage" (by definition in the Act, only upto & including 26th week of pregnancy) or "Medical Termination of Pregnancy" (by definition in the Act, only those terminations that are permissible under the MEDICAL TERMINATION OF PREGNANCY ACT) or "stillbirth" (though not defined in the act, but generally considered after 26th week of pregnancy and when the baby is born without signs of life)
FOR Miscarriage & MTP SEC 9 of the Act states: Leave for miscarriage, etc.—In case of miscarriage or medical termination of pregnancy, a woman shall, on production of such proof as may be prescribed, be entitled to leave with wages at the rate of maternity benefit, for a period of six weeks immediately following the day of her miscarriage or, as the case may be, her medical termination of pregnancy.
FOR STILLBIRTH: Though nothing is specified in the Act about STILLBIRTH, but keeping in mind the "spirit of the law", I feel such cases will fall under the category of "Miscarriage" or "MTP" and accorded leave as per sec 9.
In either case, i think there is NO case for asking the employee to take PL first and then adjust the remaining period as "leave of absence with Maternity Benefit".
Senior members may please comment on my interpretation.
Regards,
20th March 2018 From India, Kochi
https://www.citehr.com/583178-matern...till-born.html
""In either case, i think there is NO case for asking the employee to take PL first and then adjust the remaining period as "leave of absence with Maternity Benefit".
Senior members may please comment on my interpretation.""
I agree.
Still born child and Maternity benefits
Child includes still born child also.
Maternity leave will not be impacted.
Read the definition of Child in the Act.(Sec 3 )
20th March 2018 From India, Pune
Dear Mr. Nathrao,
Thank you for bringing the definition of "Child"... I some how missed it...
20th March 2018 From India, Kochi
Totally Agreed with both the seniors Nathrao Sir & Arun Sir. But it seems like MTP therefore benefits should be as per section 9.
Also, there is no question of applying for PL. Only the querist can specify what exactly the case is.
20th March 2018 From India, Pune
There is lot of difference between MTP and still born baby.
20th March 2018 From India, Pune
Dear colleagues
While all the views and court judgements are abundantly in favour of MB to a lady prgnant employee, on reading the post once again , it states that the concerned lady is expecting a still born baby. How this is known before delivery is not known. Did sonography or such other investigation reveal this? Need clarification to decide full MB or MB for miscarriage/MTP.
Regards,
Vinayak Nagarkar
HR-Consultant
20th March 2018 From India, Mumbai
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