I have an appraisal in the month of July, and I will be on maternity leave from August, probably till January (6 months). I have intimated the same to my HR team. However, my HR responded by saying that if I am eligible for the appraisal, I would receive it post-maternity leave, i.e., when I rejoin the office.
Opinion Needed on Appraisal and Maternity Leave
So, I need an opinion on the following points:
1) If I receive a disbursement post 6 months of my maternity leave, will I be eligible for another appraisal after working only for the other 6 months?
2) Shouldn't the appraisal be effective immediately and not depend on my maternity leave?
3) Lastly, can the company arrange the arrears from my maternity leave and pay me when I rejoin?
Please guide me to do the needful here. Your small help will be really appreciated.
From India, Amalner
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Opinion Needed on Appraisal and Maternity Leave
So, I need an opinion on the following points:
1) If I receive a disbursement post 6 months of my maternity leave, will I be eligible for another appraisal after working only for the other 6 months?
2) Shouldn't the appraisal be effective immediately and not depend on my maternity leave?
3) Lastly, can the company arrange the arrears from my maternity leave and pay me when I rejoin?
Please guide me to do the needful here. Your small help will be really appreciated.
From India, Amalner
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Your queries are answered seriatim as follows:
1. As per law, the period of maternity leave is to be treated as time worked, so you will be eligible for another appraisal after working for 6 months upon resuming work. In other words, the period of maternity leave must be counted for all service benefits as per the MB Act of 1961.
2. It has to be effective immediately, and payment during maternity leave cannot be deferred.
3. Indeed, the law mandates that maternity benefits must be paid in advance and cannot be deferred until you resume duty. The query is not very clear regarding the arrears.
From India, Mumbai
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15931. As per law, the period of maternity leave is to be treated as time worked, so you will be eligible for another appraisal after working for 6 months upon resuming work. In other words, the period of maternity leave must be counted for all service benefits as per the MB Act of 1961.
2. It has to be effective immediately, and payment during maternity leave cannot be deferred.
3. Indeed, the law mandates that maternity benefits must be paid in advance and cannot be deferred until you resume duty. The query is not very clear regarding the arrears.
From India, Mumbai
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Understanding Salary Increments and Maternity Leave
As long as you are paid a salary not less than the statutory minimum wages fixed by the government, the employer is legally compliant. There is no law that mandates an annual salary increment every 12 months, except for the dearness allowance as provided in the Minimum Wages Act. It should be the company's HR policy that describes when and how an employee's performance should be assessed and increments decided. It is not necessary to have an increment unless you have a pay scale with an agreed annual increment. Therefore, if the employer decides that your increment will be determined once you return from maternity leave, you have no choice but to accept it. The Maternity Benefits Act only states that your salary should not be reduced during the leave period. Your employer has followed the law.
When Can Increments Be Given?
It is up to the employer to decide when the next increment should be given. If your normal increment time is in July and it has been deferred to January 2023, the next increment could occur either in July 2023 or January 2024.
From India, Kannur
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As long as you are paid a salary not less than the statutory minimum wages fixed by the government, the employer is legally compliant. There is no law that mandates an annual salary increment every 12 months, except for the dearness allowance as provided in the Minimum Wages Act. It should be the company's HR policy that describes when and how an employee's performance should be assessed and increments decided. It is not necessary to have an increment unless you have a pay scale with an agreed annual increment. Therefore, if the employer decides that your increment will be determined once you return from maternity leave, you have no choice but to accept it. The Maternity Benefits Act only states that your salary should not be reduced during the leave period. Your employer has followed the law.
When Can Increments Be Given?
It is up to the employer to decide when the next increment should be given. If your normal increment time is in July and it has been deferred to January 2023, the next increment could occur either in July 2023 or January 2024.
From India, Kannur
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