My maternity leave ended on 7th May as per the 12-week clause. However, due to a recent amendment, I am now eligible for 26 weeks of leave. I have provided all the necessary documents regarding the amendments from the labor ministry website. However, my organization states that they have no information indicating that employees who were already on maternity leave as of April 1st are entitled to the extended benefits. I have been following up on this matter with the organization since April 27th. I have returned to the office effective May 8th as my leave was not extended. Please advise.
From India, Delhi
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From India, Delhi
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Dear member,
Please check the clarification issued by the Ministry of Labour: Clarification on Recently Notified Maternity Benefit (Amendment) Act, 2017.
Thanks,
Dinesh Divekar
From India, Bangalore
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8036Please check the clarification issued by the Ministry of Labour: Clarification on Recently Notified Maternity Benefit (Amendment) Act, 2017.
Thanks,
Dinesh Divekar
From India, Bangalore
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Dear remarker01,
Please find the enclosed clarification about your query. Kindly show this to the HR Department. Even though they did not follow the same procedure, please approach the DLC office.
Approach management and present the enclosed document.
Thank you.
From United Arab Emirates, Dubai
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Please find the enclosed clarification about your query. Kindly show this to the HR Department. Even though they did not follow the same procedure, please approach the DLC office.
Approach management and present the enclosed document.
Thank you.
From United Arab Emirates, Dubai
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I have already done this.Shared clarification released on 8 th May and they are failing to comply. What should I do next as I don’t want to spoil relationship with organisation
From India, Delhi
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From India, Delhi
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Dear member,
If you do not wish to spoil your relationship with the organization, then you will have to accept whatever they say. Anyway, you have joined your duties. Now the only option is to continue duties without grumbling.
However, if you wish to take a calculated risk, you may approach the labor officer of your area and explain your situation. Carry proof of your employment like the appointment letter, ID card, correspondence with your HR department, etc.
What is the size of your organization? If your organization is big enough where you do not come across the MD of the company, then you may approach the labor officer. However, if you work in a private limited company or in a company where there is a one-man show, then you need to exercise your discretion.
Lessons for HR: On one side, HR always talks about employee engagement and denies legitimate dues on the other. These double standards of HR are despicable. The HR Head of the member's organization could be going to the town and giving lectures on leadership. But once back in the office, what happens is just the antithesis. This is why HR does not get respect and always plays second fiddle. When it comes to showing personal leadership, HR always holds back. That is the travesty of the profession.
Thanks,
Dinesh Divekar
From India, Bangalore
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If you do not wish to spoil your relationship with the organization, then you will have to accept whatever they say. Anyway, you have joined your duties. Now the only option is to continue duties without grumbling.
However, if you wish to take a calculated risk, you may approach the labor officer of your area and explain your situation. Carry proof of your employment like the appointment letter, ID card, correspondence with your HR department, etc.
What is the size of your organization? If your organization is big enough where you do not come across the MD of the company, then you may approach the labor officer. However, if you work in a private limited company or in a company where there is a one-man show, then you need to exercise your discretion.
Lessons for HR: On one side, HR always talks about employee engagement and denies legitimate dues on the other. These double standards of HR are despicable. The HR Head of the member's organization could be going to the town and giving lectures on leadership. But once back in the office, what happens is just the antithesis. This is why HR does not get respect and always plays second fiddle. When it comes to showing personal leadership, HR always holds back. That is the travesty of the profession.
Thanks,
Dinesh Divekar
From India, Bangalore
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My organization is a global one spread across many countries. As per them, they have not received any notification from the labor department about recent changes; hence, they cannot comply. What is the process by which organizations are informed of changes in labor laws?
Also, if I have joined the office, will it stop me from getting maternity leave extension considering I have been fighting with them even before the end of leaves, and they were not able to give me a satisfactory response? If in the future, the organization is notified by the labor department, will it apply to my case, and will they be bound to comply as it is mandatory as per recent clarification?
From India, Delhi
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Also, if I have joined the office, will it stop me from getting maternity leave extension considering I have been fighting with them even before the end of leaves, and they were not able to give me a satisfactory response? If in the future, the organization is notified by the labor department, will it apply to my case, and will they be bound to comply as it is mandatory as per recent clarification?
From India, Delhi
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This is a very ludicrous argument put across by your company. They must know that the government communicates to corporates only through press releases and media. Especially, amendments such as these are never sent to individual companies, since the law is applicable to millions of establishments across the country.
I would suggest requesting them in writing that they are unable to enforce the law because they have not received it. Ask them for a written confirmation and tell them that you will seek clarification from the statutory authority in writing why they have not sent the circular to your company based on their written response. They know the consequences of such a response.
Alternatively, you could complain to labor authorities, and they will ask for a compliance report and ensure compliance.
From United+States, San+Francisco
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I would suggest requesting them in writing that they are unable to enforce the law because they have not received it. Ask them for a written confirmation and tell them that you will seek clarification from the statutory authority in writing why they have not sent the circular to your company based on their written response. They know the consequences of such a response.
Alternatively, you could complain to labor authorities, and they will ask for a compliance report and ensure compliance.
From United+States, San+Francisco
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Thanks..Just one more query,Does it say anywhere that if I have joined office,I am not eligible for extended benefits of Maternity Leave
From India, Delhi
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From India, Delhi
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It does not say so. Incidentally the punishment for denial of leave is 3 months imprisonment. Please read the amended act and highlight it to your HR guys.
From United+States, San+Francisco
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From United+States, San+Francisco
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Dear member,
If your HR says that they have not received any notification from the labor department about the inclusion of the women employees who were already on maternity leave, then it is not just a ludicrous argument but also silly. If the labor department did not inform them, why did they not lodge a complaint against the labor department or labor ministry?
If your company is an MNC, you may approach the labor office in your area and make a formal complaint. Give your HR a chance to inform the labor department about the non-receipt of the notification.
Nevertheless, before approaching the labor office, I recommend submitting an application for a personal interview with the Head HR. Inform him that you have been denied your right to avail of maternity leave for 36 weeks. Explain that you have sought advice from the members of citehr about the legitimacy of your claim. This forum includes HR consultants, labor consultants, and retired labor commissioners as members. Mention that juniors in his department have blamed the labor ministry for not informing them about the new legislation on maternity benefits. Tell him that if your plea is not accepted, you will be forced to approach the labor office, and the responsibility for any unpleasantness resulting from your complaint will lie with them and not with you. If the Head HR hesitates or remains defiant, you may proceed to the labor office.
Trust me, no matter how senior your HR may be, they will be hesitant to face the labor office. Most MNCs are reluctant to deal with labor officers. Many members who have had HR issues have approached me personally. I advised them to contact the labor office in their area. A simple call from the labor office was often enough to resolve the situation with uncooperative HR personnel.
After considering everything, I believe that the decision to deny maternity leave could be the decision of some top boss, and the HR may just be following orders. Employers in India are still adjusting to the new law that increases their wage bill. However, instead of educating senior management about the denial of legitimate dues, HR seems to have chosen to be compliant.
Thanks,
Dinesh Divekar
From India, Bangalore
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If your HR says that they have not received any notification from the labor department about the inclusion of the women employees who were already on maternity leave, then it is not just a ludicrous argument but also silly. If the labor department did not inform them, why did they not lodge a complaint against the labor department or labor ministry?
If your company is an MNC, you may approach the labor office in your area and make a formal complaint. Give your HR a chance to inform the labor department about the non-receipt of the notification.
Nevertheless, before approaching the labor office, I recommend submitting an application for a personal interview with the Head HR. Inform him that you have been denied your right to avail of maternity leave for 36 weeks. Explain that you have sought advice from the members of citehr about the legitimacy of your claim. This forum includes HR consultants, labor consultants, and retired labor commissioners as members. Mention that juniors in his department have blamed the labor ministry for not informing them about the new legislation on maternity benefits. Tell him that if your plea is not accepted, you will be forced to approach the labor office, and the responsibility for any unpleasantness resulting from your complaint will lie with them and not with you. If the Head HR hesitates or remains defiant, you may proceed to the labor office.
Trust me, no matter how senior your HR may be, they will be hesitant to face the labor office. Most MNCs are reluctant to deal with labor officers. Many members who have had HR issues have approached me personally. I advised them to contact the labor office in their area. A simple call from the labor office was often enough to resolve the situation with uncooperative HR personnel.
After considering everything, I believe that the decision to deny maternity leave could be the decision of some top boss, and the HR may just be following orders. Employers in India are still adjusting to the new law that increases their wage bill. However, instead of educating senior management about the denial of legitimate dues, HR seems to have chosen to be compliant.
Thanks,
Dinesh Divekar
From India, Bangalore
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1. Sir, the publication of any amendment/new law enacted and enforced in the Gazette Notification of the appropriate Govt. itself is a valid proof accepted by all courts/tribunals. Once a gazette notification is issued, everybody/general public is supposed to know the contents of the same. The Govt. (Labour Department) is not required to send any papers to individual factories/units regarding changes in law, procedure, etc., since the same are published in the official Gazette of the appropriate government. The contention of the employer that they have not received any communication from the labour department or any other government agency, in my opinion, appears to be not valid and is only an excuse to deny the benefits to the needy and eligible woman employees.
2. But the main question at this stage regarding payment of maternity leave after 12 weeks to 26 weeks as per the amended law is whether the claimant woman employee has obtained a medical fitness certificate from the authorized medical officer before joining her duties? If so, how can she now claim an extension of her maternity benefit after 12 weeks when she has now been medically declared fit and joined her duties?
From India, Noida
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2. But the main question at this stage regarding payment of maternity leave after 12 weeks to 26 weeks as per the amended law is whether the claimant woman employee has obtained a medical fitness certificate from the authorized medical officer before joining her duties? If so, how can she now claim an extension of her maternity benefit after 12 weeks when she has now been medically declared fit and joined her duties?
From India, Noida
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If you were denied the leave and were forced to rejoin, the company is liable to give you the remaining paid leave or give you monetary compensation equal to the paid leave denied. Whether to exercise and how, you need to follow the decision tree given by Divekar, sir.
From India, Mumbai
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From India, Mumbai
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One of the mandatory requirements of this new amendment is that it has to be socialized to all women employees and also displayed on the notice board prominently. You could raise this point with HR. I guess you have enough points now to take up the matter. Ensure that everything is in writing. Like Dinesh has mentioned, follow the protocol of first going to the head of HR. And keep us posted about the outcome.
From United+States, San+Francisco
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From United+States, San+Francisco
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Thanks for the clarification. I had to join the office as there was no clarification from HR. I am not aware if any medical certificate is needed for fitness before joining the office after Maternity Leave. I am fighting for leaves not because I am medically unfit; I am doing so because I don't want to deny my child breastfeeding.
From India, Delhi
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From India, Delhi
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I had a meeting with the Labour Compliance team of my organization, and I was advised that the organization has not received the notarized amendment from the labor department; hence, they are not liable to amend the policy. I was informed that I can go to court if I want; however, the organization will fight it as the press notification is not legally binding on them.
From India, Delhi
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From India, Delhi
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There are two options:
a) Ask your labor compliance team to get a legal opinion.
b) Take it up with the statutory authorities.
The fact that your company has been willing to discuss this matter shows that they are open. Hence, it should be easy to convince them to get a legal opinion.
From United+States, San+Francisco
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a) Ask your labor compliance team to get a legal opinion.
b) Take it up with the statutory authorities.
The fact that your company has been willing to discuss this matter shows that they are open. Hence, it should be easy to convince them to get a legal opinion.
From United+States, San+Francisco
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Your office compliance team is a bunch of idiots. Any joker who claims that the government press note is not enforceable or that they have not got a notarized copy of the amendment should not be holding that post. It seems the only option you have is to file a complaint with the labor commissioner of your area. A show cause by him to the MD will probably make them turn their tails and run.
From India, Mumbai
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From India, Mumbai
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Thanks for everyone's support. I am giving up my fight for an extension of my leaves. It's sheer apathy of the organization and carelessness of the government in not notifying organizations correctly, which is impacting people like me. I read a similar case in a newspaper where a school teacher in Delhi has filed a court case as she was also denied her rights. The high court has issued a notice to the State and Central Government as she was informed that the Government has not issued a Legal Notification, and the case is up for a hearing on the 9th of October.
It will be too late for me as my six-month period will end in August. Organizations would take all the time in the world to celebrate Mother's Day but cannot grant leaves to a mother, which is her right. Thanks, everyone, for the support.
This discussion helped me put my case strongly across to management; however, I can't go to the Labour Commissioner as it will not be anonymous, and I don't want to spoil my career. It feels so helpless to bear all this.
From India, Delhi
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It will be too late for me as my six-month period will end in August. Organizations would take all the time in the world to celebrate Mother's Day but cannot grant leaves to a mother, which is her right. Thanks, everyone, for the support.
This discussion helped me put my case strongly across to management; however, I can't go to the Labour Commissioner as it will not be anonymous, and I don't want to spoil my career. It feels so helpless to bear all this.
From India, Delhi
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That's sad. Even if you give up your fight, for the sake of fair play and equity to your colleagues, I would suggest sending a letter to the labor commissioner stating that the MB Act has not been socialized to the lady employees. You can remain anonymous. The labor department will address this issue, and by default, you could benefit, as once it's socialized, you could assert your claim.
From United+States, San+Francisco
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From United+States, San+Francisco
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Strictly speaking, you are eligible. By the time the amendment is effected and you were still on maternity leave, you have the liberty to utilize the same. Because you have joined, which means that you have become fit for work, and therefore, it is not necessary to provide additional leave to you by the management. If, in any case, you were required to extend the leave before joining your duties on the grounds of ill health, this would have been a boon to you to extend for the remaining period. According to the recent notification of the Government of India, the extension was applicable since 1-4-2017, and this is applicable to those who were already on such leave and had not yet joined their duties. Since your prenatal period was earlier than the notification, you are eligible only for the postnatal period of 13 weeks. Out of which, you have already utilized 6 weeks as per the old system. Now you regret that you have lost the seven weeks of the second half. A little delay occurred, which made your management take a sideways approach in your case. If you raise a dispute before a labor department quasi-judicial authority, there may be chances of your winning, but it may be at the cost of your job. At least now, try to get a medical certificate from the concerned doctor or from ESI, if your establishment is covered under ESI, for an extension of leave on the grounds of a recurrence of the problem.
kesavapanda@gmail.com.
From India, Visakhapatnam
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kesavapanda@gmail.com.
From India, Visakhapatnam
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Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf
Maternity Leave Policy - posting.doc