Confused About the New Maternity Benefit Act? Company Says No Notification Yet—What Should I Do?

Hi all,

As I can see, a gazetted notification has already been sent for amendment and is applicable from 1.4.2017 onwards. When I raised a query to the HR team, they replied that the gazetted notification has not been released yet, so there is no change in policy. Can anyone please suggest?

Dear friend, check the following thread on this forum: https://www.citehr.com/581449-matern...tive-date.html

When did you raise a query to HR? If it was after the 29th or 30th of March 2017, and even if they have replied in this manner, then their response has two possibilities. The first is that your HR could be pretending about the amendment to avoid granting the extended period of maternity leave. The other possibility is that they really did not know about the amendment. If it is the latter, then they hardly deserve to be in HR.

Social media or even mainstream media itself was awash with news on this amendment. Many HR professionals are members of various social media forums. Despite this, if the "HR Team" is truly ignorant, then they hardly deserve to be in HR! It would be better if they quit HR and pursue something else, lest they may do more disservice to this people-centric function than good!

You may ask your HR Team to read these comments.

Thanks,

Dinesh Divekar

Thank you so much Divekar Sir. I raised a query around 4-5 April, and yesterday I got a response which is quite surprising for me. They closed the ticket just by saying that the gazetted notification has not yet been received. However, I have now reopened the ticket and attached the Act/Effective date PDF. I am still waiting for a response. We have a 3-month policy for maternity leave, so suppose they deny giving 26 weeks of maternity leave, is there any way I can ask them to approve 26 weeks of maternity leave?

I recommend you escalate the matter to the higher authorities of HR. Attach the gazette notification to your email. If HR remains inexorable, then inform them that you will be forced to file a complaint with the Department of Labor, the Karnataka Council for Women (KCW), or directly with the Ministry of Child and Women Welfare. The onus of action for denying the maternity leave will solely rest with the authorities concerned in your company.

You mentioned that they mistreated you when you submitted your resignation. If they attempt to do so again, please consider recording the conversation. Ensure you handle it smartly. An audio file will serve as material evidence if necessary.

Thanks,
Dinesh Divekar

The Impact of Maternity Policy Changes in India

This situation is bound to happen in India for the initial months because the HR Department is also bound to obey management decisions. My suggestion would be to wait instead of getting hyper. Also, you are correct in reopening the request and attaching the maternity policy for their reference.

Challenges Faced by Employers

In India, there are 5% good companies and 95% unorganized companies who would not like to employ women because they don't want to pay maternity benefits for 6.2+1 long months. This act demotivates employers from employing women. India was not ready for this act now.

The effective date of the amendment to maternity benefit Act has been notified in the gazette,which is 1.4.2017,except the provision of crèche for which the date is 1.7.2017

Well, all the suggestions I found quite good and effective. However, I would suggest you not agree to resignation and deny it. No company policy is above government rules.

Maternity Leaves and Benefits

As far as maternity leaves and benefits are concerned, you need to approach ESIC or the Labour office in the company's jurisdiction area. I guarantee that no management can make you exit just like that. It is understandable that the company doesn't want to bear the cost of 26 weeks' salary, but it actually leads to discouraging women employees from working. Being an Indian company, this fact will always remain. Now it's up to you whether you want to fight for the right thing or not. Being an educated person, you must approach the Labour office or ESIC.

Gratuity Eligibility

I would also like to mention gratuity. If you have completed 4 years and 240 days, then no company policy can stop you from being eligible for gratuity.

Dear Mr. Varghese Sir,

The provision of a creche is also effective from 01-04-2017. The provision of working from home is from 01-07-2017. For your information.

Dear panswehunkcool,

I suggest taking whatever maternity leave you are entitled to and consider opting for leave without pay for the remaining period. It is advisable not to fight for your rights in India as it may make it challenging to secure future employment. You may only lose three months' salary, and if you are granted an extension of leave by your HR department, consider it as fate.

Congratulations on entering young motherhood. Take good care of yourself and the baby.

Kind regards

Dear Yasmin Sharma ji, MB Amendments are made available to this forum by many members. Even in this thread, our Super Moderator Shri. Dinesh Divekar ji has provided a link to the necessary documents of the amendments. It would be appreciated if, instead of asking to download the files from your website, you could contribute your knowledge and views to the discussion. Your posts of this nature in the midst of ongoing discussions are disruptive. I apologize for writing this, madam. You are free to advertise, but please refrain from doing so during active discussions. Thank you.

Sri Nath.

There was a corrigendum to the Government Order (GO) regarding the effective date.