Maternity Leave and Appraisal: Am I Evaluated for the Whole Year or Just Part of It?

In our company, we have an appraisal cycle from January to December. I went on maternity leave from the 16th of January '18 and resumed back on the 25th of July '18. I wanted to know, as per the maternity act, if I will be covered from January to December or from July to December.

Maternity Benefits and Appraisal Considerations

Maternity benefit contemplated under the Maternity Benefit Act, 1961, is authorized absence from work with wages/salary computed on an average basis with reference to the three-month period just prior to the absence. This period of absence is for 26 weeks, and in certain special cases on medical grounds, it may extend to a further period of one month.

Appraisal During Maternity Leave

Appraisal is the evaluation of an employee's performance over a period of 12 consecutive months. When a woman is thus statutorily authorized to be away from work, certainly that period would be of no work. Hence, there is no possibility of including such a period of absence in the appraisal.

Therefore, in my opinion, appraisal can be done with reference to the period during which the employee actually worked.