I have an appraisal in the month of July, and I will be on maternity leave from August probably till January(6 months). I have intimated the same to my HR team. But my HR had responded by saying if I am eligible for the appraisal then I would be getting it post-maternity leave, i.e. when I rejoin office.
So I need an opinion on the following points

1) If I get a disbursement post 6 months of my maternity leave will I be eligible for another appraisal working only for the other 6 months

2) Shouldn’t the appraisal be effective immediately and not depend on my maternity?

3) Lastly, can the company arrange the arrears from my maternity leave and pay me while I rejoin?

Please guide me to do the needful here. Your small help will be really appreciated.

From India, Amalner

Your queries are answered at seriatim as follows:

1. As per law, the period of maternity leave is to be treated as having worked so you will be eligible for another appraisal after resuming work for 6 months. In other words, period of maternity leave has to be counted for all service benefits as per the MB Act 1961.

2. It has to be effective immediately and for being on maternity, the payment cannot be deferred.

3) In deed, law mandates that the maternity benefit has to be paid in advance and cannot be deferred till you resume duty. The query is not very clear regarding the arrears.

From India, Mumbai

So long as you are paid salary not less than the statutory minimum wages fixed by the government, the employer is legally oaky. There is no law which says that in every 12 months there should be an an increment to the salary other than the dearness allowance as provided in the Minimum Wages Act. It should be the company's HR policy which will describe when and how the employees performance should be assessed and increents be decided. It is not necessary that there should be an increment unless you have a scale of pay with annual increment agreed upon therein. Therefore, if the employer decides that your increment will be decided once you join back after maternity leave, you have no other go but to accept it. The Maternity Benefits Act only says that your salary should not be reduced during leave period. Your employer has followed the law.

It is upto the employer to decide when should the next increment be given. If your normal time of giving increment is July and your increment has got deferred to Jan 2023, the next increment shall happen either in July 2023 or it can happen in January 2024.

From India, Kannur
indu 182

Dear Madhu T K

I appreciate your reply. Appraisal depend on performance not by the time you spend in organization. Appraisal is not time bound if an employee performance is excellent she/he can get promotion even after 6 months. This is my opinion.

From India, New Delhi
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