Labour Law & Hr Consultant
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Nagarkar Vinayak L
Hr And Employee Relations Consultant
Sub Registrar/supdt.(retd.) Vizianagaram.
Psychiatric Social Worker

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Hi, My self Mallikarjun. i need to know some information regarding maternity benefits. My colleague joined in November 2015 and they got maternity leave in march 2018 to aug 2018 for 5 months. And now in dec 2018 she is requesting to increment. the organisation is saying maternity leave period will not be considered for increment so wait for 5 months to get benefit of increment. please give me the info.
From India, Belgaum
Legally, maternity leave duly granted & availed is to be reckoned for 'continuous service' and have been paid the ML period salary. Therefore you are eligible for an increment. At the same time, increment cannot be a right to claim. Unless one is placed in the 'time scale' where usually granting increment is automatic once a year is passed. Whereas where there is a system of granting increment only on 'performance appraisal' there is the catch like this. Even here also not all the cos. postpone granting of increment. But some are doing like this. Better check your 'Self appraisal' form and see whether you can improve it in order to draw their attention. Pl.try.
From India, Bangalore
In the first place, I am unable to uphold the opinion of the organization for the simple reason that every spell of any authorized leave is to be treated as duty for the purpose of continuity of service.
Second, calling it as "maternity leave" is itself using a misnomer for it is a benefit conferred upon a women to be away from work for a certain period in view of her pregnancy and delivery for a certain period with wages based on her average daily wages.
Third, "increment" being a periodical hike in wages granted by the employer subject to certain conditions, the universal practice is that the employee should be on duty on the date of its sanction to earn the hike prospectively. If the employee is not on duty on account of any reason including authorized leave on the actual date of sanction of increment, if he is otherwise eligible, increment would be sanctioned subject to the condition of its monetary effect commencing only from the date of his rejoining duty.
Therefore, the employee on maternity leave need not wait for the sanction of her normal increment for a period proportionate to the period of maternity benefit availed by her. Her increment has to be sanctioned on the usual date but its monetary effect would be from the date of her rejoining only.

From India, Salem
Dear Colleague,
I beg to differ with the view that the annual increment is a matter of right and has to be given regardless of the fact that the employee has attended and performed during the whole of the previous year or not.
Unless it is timescale increment, increment is left to decision , discretion and policy of the management and cannot be a matter of legal right.
In case of maternity, absence of six months is pretty long and if happens to cover large chunk of appraisal year, then to expect increment is inappropriate. At the most, for partial attendance and depending on performance rating, she may be considered for pro rata increment.
Vinayak Nagarkar
HR- Consultant

From India, Mumbai
Maternity Leave up to 6 months shall be treated as "continuous service". so increment date will not be postponed.
From India, Tadepallegudem
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