Maternity Leave Policy Changes
When I applied for maternity leave, the office added these two points to the agreement:
1. A female employee is allowed a total of 12 weeks of maternity leave (ML), including paid and unpaid leave. However, in the first year of service, this leave is not allowed. This highlighted text was not mentioned in the agreement at the time of joining.
2. In the case of a key employee, a maximum of two weeks of paid leave, three months of work-from-home facility, and two and a half months of leave without pay are allowed. This point was not mentioned in the agreement at the time of joining.
From India, Delhi
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1When I applied for maternity leave, the office added these two points to the agreement:
1. A female employee is allowed a total of 12 weeks of maternity leave (ML), including paid and unpaid leave. However, in the first year of service, this leave is not allowed. This highlighted text was not mentioned in the agreement at the time of joining.
2. In the case of a key employee, a maximum of two weeks of paid leave, three months of work-from-home facility, and two and a half months of leave without pay are allowed. This point was not mentioned in the agreement at the time of joining.
From India, Delhi
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can company add any point anytime. they are not giving the leaves also stating you have taken work from home
From India, Delhi
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From India, Delhi
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When did you join the company? What is your date of joining as per the appointment letter? Who informed you about these clauses? Does your company have a proper HR department?
Both the clauses mentioned in your post do not withstand scrutiny under either the Maternity Benefit Act, 1961, or the ESI Act, 1948. Since we do not know your monthly salary, it cannot be determined which law is applicable to you. There is no such thing as unpaid maternity leave. Occasionally, women face complications during childbirth and request additional leave, which could be Leave Without Pay (LWP).
Legal interpretations aside, it is crucial to know whether you intend to continue your employment in this company after the maternity break. This decision depends on how urgent your job needs are.
By searching this forum, you will find ample discussions on the eligibility for maternity leave. Approach your management through HR and inform them of the legal provisions. If they remain unresponsive to your requests, you may approach the labor office in the area where your company is situated. Bring your appointment letter and any correspondence regarding your maternity leave, and explain your situation. I doubt that your company will dare to disregard the decision of the Labor Officer (LO).
You can also contact the local chapter of the National Council for Women (NCW). They can provide you with a letter specifically addressing your eligibility for maternity leave. Show this letter to your employers.
Regarding the Addition of Clauses in the Appointment Letter
Yes, terms and conditions of employment can be revised. However, these revisions should comply with the laws of the land and not violate them in any way.
General Comments
The HR department of the company should have been more considerate when including illogical or illegal clauses (as mentioned by the poster of this post) in the appointment or any other official communication. The poster seems to be from the IT/BPO industry or a similar industry. On one side, HR professionals are very vocal about HR jargon, yet on the other side, they often overlook basic legal compliance due to ignorance or other reasons. If HR is truly a people's function, then HR needs to educate management on the basics of labor laws. The paradox of the situation is apparent. The Government of India is considering extending maternity leave from 12 weeks to 24 weeks, but some employers are aiming to reduce the existing eligibility criteria!
Thanks,
Dinesh Divekar
From India, Bangalore
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Both the clauses mentioned in your post do not withstand scrutiny under either the Maternity Benefit Act, 1961, or the ESI Act, 1948. Since we do not know your monthly salary, it cannot be determined which law is applicable to you. There is no such thing as unpaid maternity leave. Occasionally, women face complications during childbirth and request additional leave, which could be Leave Without Pay (LWP).
Legal interpretations aside, it is crucial to know whether you intend to continue your employment in this company after the maternity break. This decision depends on how urgent your job needs are.
By searching this forum, you will find ample discussions on the eligibility for maternity leave. Approach your management through HR and inform them of the legal provisions. If they remain unresponsive to your requests, you may approach the labor office in the area where your company is situated. Bring your appointment letter and any correspondence regarding your maternity leave, and explain your situation. I doubt that your company will dare to disregard the decision of the Labor Officer (LO).
You can also contact the local chapter of the National Council for Women (NCW). They can provide you with a letter specifically addressing your eligibility for maternity leave. Show this letter to your employers.
Regarding the Addition of Clauses in the Appointment Letter
Yes, terms and conditions of employment can be revised. However, these revisions should comply with the laws of the land and not violate them in any way.
General Comments
The HR department of the company should have been more considerate when including illogical or illegal clauses (as mentioned by the poster of this post) in the appointment or any other official communication. The poster seems to be from the IT/BPO industry or a similar industry. On one side, HR professionals are very vocal about HR jargon, yet on the other side, they often overlook basic legal compliance due to ignorance or other reasons. If HR is truly a people's function, then HR needs to educate management on the basics of labor laws. The paradox of the situation is apparent. The Government of India is considering extending maternity leave from 12 weeks to 24 weeks, but some employers are aiming to reduce the existing eligibility criteria!
Thanks,
Dinesh Divekar
From India, Bangalore
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Maternity Leave Policy - posting.doc
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