Labour Law & Hr Consultant

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Hi, My maternity leave of 26 weeks is ending soon. It would be difficult to join as I do not have locally available family support.
As per the maternity benefits amendment act, there is no such creche facility available at my office.
When I requested for work from home , the office says they can provide me work from home, but I will have to work full day but on half a pay. This does not sound fair. Neither are they willing to provide leave without pay. Please suggest what should I do in that case.

From India, New Delhi
Though there is no mention about the type of establishment where the poster is employed, her reference to the half-hearted gesture of her employer to extend the facility of "work from home" at only half a days wages for a day's work enables one to presume that her establishment could be an IT/ITES establishment.
The reason she cited for her inability to join duty on the expiry of her 26 week maternity leave is not one relating to any medical problem but seems to be a personal one.
About her complaint of non availability of creche facility in the establishment, it can be taken cognizance of only if the establishment has an employee strength of 50 or more. Besides, to my understanding no rules have been framed so far on the amended provision for creche facility in the Maternity Benefit Act,1961 by any State Government so far other than Karnataka and Haryana.
Therefore, she has to make her own alternative arrangements as her employer seems to be adamant to the alternatives of working from home or leave on LOP.
I am skeptical about the suggestion of the poster's employer to work all day long from home but at half the normal wages. After the recent amendment to the Act, for obvious reasons, most of the employers developed a mind set not to reemploy the women who avail the full maternity benefit and try to implement such a decision by indirect means taking the pitiable conditions of such mothers. Central and State Governments who encourage the freebies for the sake of vote bank politics are also seem to be taking no remedial measures in this direction.

From India, Salem
Agreed with Mr. Umakant Please specify the type of industry in which u are employed. sumit
From India, Ghaziabad
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