Feeling Overlooked: Can I Challenge My Company for Skipping My Appraisal Due to Maternity Leave?

Appraisal and Maternity Leave Query

I have a query related to appraisal and maternity leave. I have been working in an organization since January 2017, and the appraisal was conducted in July. However, my company did not conduct my appraisal, stating that I am going on maternity leave starting in December. Consequently, they mentioned that they will pay me six months' salary for my maternity leave. I want to know if there is any action I can take in this matter. My manager did not even inform me, and they carried out appraisals for all staff except me. I learned about this from some of my colleagues. Can I file a complaint against the company for not conducting my appraisal?

Dear Sandhya, your manager as well as HR need to be educated that the Performance Appraisal (PA) is done for the preceding period of the performance cycle. It cannot be linked to the future activity of the employee. In the PA, the discussion is done on the attainment of the KRAs that were assigned to the employee at the beginning of the performance cycle.

Though you have not said directly, a priori deduction can be that if the PA is done, then your organization will be forced to increase the salary. They could be thinking, "Why waste a few thousands when the employee is proceeding on a long leave?" However, this is a narrow-minded view.

What is the performance cycle in your company? When is the PA done, and when does the salary increase come into effect? You may submit an application for conducting your PA. Address the application to the MD of your company. Let us wait for his decision.

By the way, PA and salary increase are issues that are out of the purview of labor laws. As long as the employee gets a salary above the minimum wage, labor laws are fine with it. Therefore, there cannot be legal redressal of your grievance. It has to be settled internally.

Thanks,

Dinesh Divekar

Hi Sandhya,

A very similar incident took place last year in my company. We didn't give the appraisal to one of our pregnant employees because we were not sure if she would join back after maternity leave. When she joined back, we gave her a good hike, and she is working with us happily. I shared this incident here just to tell you to be positive. Sometimes management and the HR team do not express it, but they have good plans for you.

Regards,
Viplove

Hi Sandhya, as rightly pointed out, there is no legal obligation on the employer to conduct appraisals for all employees. Most management teams try to save on manpower costs by avoiding increasing the salary of those employees going on long leave or maternity leave. However, you have been informed by the management that they would pay you six months' maternity leave, so why do you wish to risk losing the same by giving management wrong signals?

Be patient, relax, recuperate, and come back from your maternity leave with a positive frame of mind, and then ask for your appraisal to be done. Wish you all the best for your delivery.

Regards, R. H. Kavarana HR Manager