Feeling Like a Newcomer After Maternity Leave: How Can I Address My Leave Benefits?

Hi, I was on maternity leave for 12 weeks and extended it for 6 months. Now, after joining back, my employer says I won't receive any leave benefits or casual leave for the current session, even though I am a permanent employee and have already served 6 years in this organization. I feel like I am still being treated as a newcomer without any benefits.

Seeking suggestions.

Dear Ankita,

It appears that your employer wanted to recover the maternity benefits that he has provided to you, albeit partially. That is why he wanted to suspend benefits like CL, etc., for you. However, any employee benefit, if it is there, has to be uniform, and the employer cannot isolate anyone. Moreover, employee leave is a statutory benefit and cannot be snatched from the eligible employees. The decision is aristocratic and gives a semblance of medieval times.

Now you have the following options to choose from:

a) You may talk to HR and find out why these kinds of restrictions were imposed on you. Secondly, how long will these restrictions last? Will it be for the rest of the year or more than that? If you are not satisfied, then you may put up an application with the highest authority and seek the restoration of your benefits. The benefit of this application is that you will come to know whether the instructions have come from the top or if it is the handiwork of HR. Most probably it will be the former rather than the latter.

b) If you are not satisfied with (a), then you may approach the Labour Officer (LO) of your area and make a formal complaint for depriving the leave benefits. Now whether LO will intervene or not will depend on your position. However, if he intervenes, your employer may perceive it as your belligerence, and they may try to fix some other issue with you. Framing juniors is never difficult for the seniors. Therefore, be cautious!

c) The last option is just to keep quiet. Your employers were considerate towards your request for the extension of your maternity leave. It could be Leave Without Pay (LWP) also; however, sparing a resource for an additional six months is not that easy. They have allowed you to continue your employment even after such a long absence. This could be in view of your six years of service and maybe your performance record. What if they had not acceded to your request? If not the type of hardship that you are facing now, but you would have faced a hardship of a different kind.

Anyway, more than half of the calendar year is already over. You may bear with these restrictions for the rest of the calendar year and accept it as your quid pro quo.

I have given three options; which to choose is your call.

Thanks,

Dinesh Divekar

Does your organization employ 10 or more people? If yes, the MB Act is applicable to it, and it is bound to extend benefits under the act.

If they are mentioning leave entitlement regarding maternity leave + 6 months period, then they will be correct if they deny leave entitlement for 9 months (12 weeks + 6 months). Leave taken during leave is not available under the Shops or Factories Act; the period will be considered only for yearly days eligibility criteria.

Further, did you inform them that you were pregnant? Have you filled in forms mentioned under the act and have acknowledged copies of the same? If the answer is yes, you can drop the last communication claiming the benefit and request to honor the claim, failing which you will be forced to approach the labor office. If they still don't pay, really approach the labor office and seek their guidance in the matter. Please do so with necessary copies.

You can clear all your queries with the HR after going through the company policies and clarify in detail. If you do not benefit, then it is better to leave the job and look for a better one.

Ideal HR

The company does not need a policy for maternity benefits as it is specified in the act and has to be followed. Are you suggesting her to quit before claiming the benefit amount? Please don't post without a proper understanding of the situation.

Dear Ankita, stay put and do not leave the job. Fight for your right and claim it from the employer as it is your rightful claim according to the law. The employer is trying to bully you, so do not be bothered and take a firm stand.

Questions to Consider

What is your designation? Are you covered under ESI? What is the total strength of your company? Have you contacted the HR Head of your company and claimed your benefit? While on maternity leave, were you receiving your salary every month?

Please note that maternity benefit is your right, and the employer is not doing any charity. Please answer these questions to help you.