I need some advice on the following matter. My sister is employed with a cooperative bank as a Trainee Officer and is on probation. During her joining, she was in the early stages of pregnancy (less than 2 months) and did not inform her employers as it was too early. Now she has applied for a transfer to a branch close to her house because of the advanced stage of pregnancy. Her HR department now says that if she had declared her pregnancy at joining, she would have been asked to join after the delivery.
I want to know if the bank can ask her to resign or would they consider giving her a leave with loss of pay if required. In case she is asked to resign, is there any law that can prevent this from happening. Please help me with this.
Regards,
Samita
From India, Pondicherry
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I want to know if the bank can ask her to resign or would they consider giving her a leave with loss of pay if required. In case she is asked to resign, is there any law that can prevent this from happening. Please help me with this.
Regards,
Samita
From India, Pondicherry
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I believe your sister is supposed to inform the management. Normally, they won't ask for resignation. A minimum of 6 months gap is required for eligibility. They may allow her to go on Loss of Pay leave, but not bringing the information to the management's notice is wrong.
Thanks and regards,
Kameswarao
From India, Hyderabad
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32Thanks and regards,
Kameswarao
From India, Hyderabad
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I don't understand why people behave like this. If your sister is pregnant, why did she decide to join the job? She should not have taken up any job because she is aware that her pregnancy will likely create challenges for both herself and her employer in the future. Why do people act in this manner?
I suggest asking your sister to resign immediately as it is her mistake.
From India, Pune
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I suggest asking your sister to resign immediately as it is her mistake.
From India, Pune
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And I don't think any intelligent member would appreciate what your sister has done. So, I think the full and final decision is to ask your sister to resign or take LOP if the Bank agrees, or ask her to resign and rejoin if the Bank agrees to take her after delivery. But a mistake is a mistake.
From India, Pune
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From India, Pune
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Hi Samita,
Maybe it was too early for your sister to confirm. I understand that. As mentioned by Mr. Kamesrao, loss of pay is a possibility. Your sister could also mention to HR that it was a bit early to confirm.
Thanks!
From India, Madras
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Maybe it was too early for your sister to confirm. I understand that. As mentioned by Mr. Kamesrao, loss of pay is a possibility. Your sister could also mention to HR that it was a bit early to confirm.
Thanks!
From India, Madras
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Embarrassment to HR Department... Harassment to Employer..... minimum 160 days to work to eligible for Maternity benefits. Within probation period no benefits are not advisable. Rashid
From Saudi Arabia
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From Saudi Arabia
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Dear,
There is nothing like suppression of pregnancy. If they ask a question and she said "NO," then it is suppression. Under the Maternity Benefit Act, if the qualifying period is met, then she is entitled.
Email: rajanassociateslawfirm@gmail.com
Office: 044-42620864, 044-55874684
From India, Bangalore
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There is nothing like suppression of pregnancy. If they ask a question and she said "NO," then it is suppression. Under the Maternity Benefit Act, if the qualifying period is met, then she is entitled.
Email: rajanassociateslawfirm@gmail.com
Office: 044-42620864, 044-55874684
From India, Bangalore
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Well, she was not asked at that time whether she was pregnant. Anyway, the bank has been very understanding and has given her leave. She can join after the delivery.
Thank you all for your valuable inputs. Much appreciated.
Regards,
Samita
From India, Pondicherry
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Thank you all for your valuable inputs. Much appreciated.
Regards,
Samita
From India, Pondicherry
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You mean to say,, she should have been asked that are your pregnant or not.. too funny thinking,, eh
From India, Pune
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From India, Pune
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Dear Friends,
Our friends are raising their queries where they are unable to decide, come to a conclusion, or seek support. In this context, let us not be harsh; let us give them the true picture so that they can decide. In critical situations, people seek support and a helping hand. Hence, I request all our learned friends to be very soft and kind. These words are not meant to hurt anybody, but this is the reality.
Thanks and regards,
Kameswarao
From India, Hyderabad
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Our friends are raising their queries where they are unable to decide, come to a conclusion, or seek support. In this context, let us not be harsh; let us give them the true picture so that they can decide. In critical situations, people seek support and a helping hand. Hence, I request all our learned friends to be very soft and kind. These words are not meant to hurt anybody, but this is the reality.
Thanks and regards,
Kameswarao
From India, Hyderabad
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dear, i totally agreed as mr rajan given the reply to u according to law, but she can go on m/leave without pay and probition period will extended accordingly. jai bakshi
From India, Delhi
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From India, Delhi
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dont worry yar women kya kabhi pregnant mein job nahi karati have a good talk with management and take a benefit of salary
From India, Pune
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From India, Pune
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Hi everybody,
It is not compulsory to inform the employer about the pregnancy. Any employee can avail of loss of pay leave after joining for two or three months. Please inform your sister that there is no need to resign; she can avail of unpaid leave or can take maternity leave as per the law.
Thank you & regards,
Sabera Luqman
From United Arab Emirates, Dubai
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It is not compulsory to inform the employer about the pregnancy. Any employee can avail of loss of pay leave after joining for two or three months. Please inform your sister that there is no need to resign; she can avail of unpaid leave or can take maternity leave as per the law.
Thank you & regards,
Sabera Luqman
From United Arab Emirates, Dubai
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Dear Namita,
The working period for any establishment should be a minimum of 80 days. If she completed 80 days from her joining, then she can claim maternity leave. But in your case, she is continuing to work with this organization, so she can claim leaves.
However, in the case of a transfer, she can't claim this benefit. As an employee, she can choose to resign and receive maternity benefits from the current organization. She should complete 80 days of eligibility to be able to make claims, etc.
For more information, visit www.globaloverseas.in and write to me at info@globaloverseas.in.
Best Regards,
Sajid Ansari
9958404503, 011-22450753
From India, Delhi
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The working period for any establishment should be a minimum of 80 days. If she completed 80 days from her joining, then she can claim maternity leave. But in your case, she is continuing to work with this organization, so she can claim leaves.
However, in the case of a transfer, she can't claim this benefit. As an employee, she can choose to resign and receive maternity benefits from the current organization. She should complete 80 days of eligibility to be able to make claims, etc.
For more information, visit www.globaloverseas.in and write to me at info@globaloverseas.in.
Best Regards,
Sajid Ansari
9958404503, 011-22450753
From India, Delhi
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However, silly though it might seem, whenever married women apply for jobs, I think it is prudent to ask them about how they plan their career progression. This works well for both the employer and candidates. I don't think anybody has been refused a job based on pregnancy, so why not ask? This actually avoids a lot of legal hassles if things go wrong. Why do you think companies conduct medical tests for their employees? Definitely not to check if they are diabetic. Though this seems trivial, I personally feel it is okay to ask.
Regards
From India, Pondicherry
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Regards
From India, Pondicherry
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Hi Samita,
As per the Maternity Act, maternity leave is applicable to the employee if she has been present in the organization for at least 80 days. Therefore, she should not resign but request maternity leave. As an HR person, you should have inquired about any family planning. Asking frank questions is necessary because even if she was not pregnant when she joined and became pregnant soon after, HR's role is crucial. HR must address this issue.
I believe it is quite natural to wait until at least 2 months of pregnancy before making any declarations, as anything can happen.
Regards,
Geeta
From India, Mumbai
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As per the Maternity Act, maternity leave is applicable to the employee if she has been present in the organization for at least 80 days. Therefore, she should not resign but request maternity leave. As an HR person, you should have inquired about any family planning. Asking frank questions is necessary because even if she was not pregnant when she joined and became pregnant soon after, HR's role is crucial. HR must address this issue.
I believe it is quite natural to wait until at least 2 months of pregnancy before making any declarations, as anything can happen.
Regards,
Geeta
From India, Mumbai
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Dear Admin,
I would like to bring to your attention that the way in which many members are responding to queries is not at all appreciated, and the CITEHR ADMIN should keep track of such members. This is a place for free discussions, and no one has the right to use offensive or sarcastic language. It has been mentioned in the rules of this site as well. Therefore, I hope necessary action will be taken.
Regards,
Swati
From India, Bangalore
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I would like to bring to your attention that the way in which many members are responding to queries is not at all appreciated, and the CITEHR ADMIN should keep track of such members. This is a place for free discussions, and no one has the right to use offensive or sarcastic language. It has been mentioned in the rules of this site as well. Therefore, I hope necessary action will be taken.
Regards,
Swati
From India, Bangalore
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Hi Samita,
As per Maternity Act,
Female Employees are eligible to take maternity leave on completion of a minimum of 80 days of service in the Company, as defined in The Maternity Benefit Act, 1961.
Also there are some additions to it which are as below.
·Entitlement of maternity leave is for 12 weeks, starting from up to 6 weeks prior to the expected date of delivery and 6 weeks (including the day of delivery) following the delivery day. Weekly off days and holidays falling in between would also be counted as leave. It is to be noted that maximum leave allowed pre-delivery is 6 weeks and the balance leave of the total of 12 weeks is to be availed post-delivery.
·The employee may, in addition to above, avail leave for a maximum period of 1 month in case of illness arising out of pregnancy, delivery, premature birth of child or medical termination of pregnancy, on production of such proof as may be prescribed by the Company.
·In case of miscarriage, maximum 6 weeks’ of leave can be taken following the day of miscarriage.
Regards
Smarika
From India, Bangalore
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As per Maternity Act,
Female Employees are eligible to take maternity leave on completion of a minimum of 80 days of service in the Company, as defined in The Maternity Benefit Act, 1961.
Also there are some additions to it which are as below.
·Entitlement of maternity leave is for 12 weeks, starting from up to 6 weeks prior to the expected date of delivery and 6 weeks (including the day of delivery) following the delivery day. Weekly off days and holidays falling in between would also be counted as leave. It is to be noted that maximum leave allowed pre-delivery is 6 weeks and the balance leave of the total of 12 weeks is to be availed post-delivery.
·The employee may, in addition to above, avail leave for a maximum period of 1 month in case of illness arising out of pregnancy, delivery, premature birth of child or medical termination of pregnancy, on production of such proof as may be prescribed by the Company.
·In case of miscarriage, maximum 6 weeks’ of leave can be taken following the day of miscarriage.
Regards
Smarika
From India, Bangalore
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Hello Everybody,
Warm Greetings,
I believe that hiding pregnancy by employees and the employer not providing maternity leave to his employees is creating a significant problem. These actions may result in disbelief. It is possible that employers may stop hiring newly married females, or females may restrict themselves from planning their family. In short, this practice is very unethical and does not send a good message. So, viewers, please stop practicing unethically. Be honest with yourself as well as with others.
Rashi Shivhare
'RUSTY'
From India, Bhopal
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Warm Greetings,
I believe that hiding pregnancy by employees and the employer not providing maternity leave to his employees is creating a significant problem. These actions may result in disbelief. It is possible that employers may stop hiring newly married females, or females may restrict themselves from planning their family. In short, this practice is very unethical and does not send a good message. So, viewers, please stop practicing unethically. Be honest with yourself as well as with others.
Rashi Shivhare
'RUSTY'
From India, Bhopal
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Dear Samita,
Your sister is eligible for maternity leave as per the act if she has completed 80 days of continuous service in that organization, whether on probation, as a contract employee, or as a casual employee. She is entitled to benefits under the Maternity Benefit Act. She does not need to inform the organization whether she is pregnant at the time of joining as there is no such provision in our law.
Thanks and Regards,
Skantha
From India, Hyderabad
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Your sister is eligible for maternity leave as per the act if she has completed 80 days of continuous service in that organization, whether on probation, as a contract employee, or as a casual employee. She is entitled to benefits under the Maternity Benefit Act. She does not need to inform the organization whether she is pregnant at the time of joining as there is no such provision in our law.
Thanks and Regards,
Skantha
From India, Hyderabad
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I am surprised to see such a reaction from an HR person (supposedly) at the start of the discussion. The forum is created to discuss and help out members on issues. Please refrain from using such harsh and unnecessary answers if you do not know the laws and practices in the country.
PS: One needs only the concern to help; please learn it before replying.
From India
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PS: One needs only the concern to help; please learn it before replying.
From India
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Conditions for eligibility of benefits
Women indulging temporarily or unmarried are eligible for maternity benefits when she is expecting a child and has worked for her employer for at least 80 days in the 12 months immediately preceding the date of her expected delivery [Sec. 5 Maternity Benefit Act].
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Women indulging temporarily or unmarried are eligible for maternity benefits when she is expecting a child and has worked for her employer for at least 80 days in the 12 months immediately preceding the date of her expected delivery [Sec. 5 Maternity Benefit Act].
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Dear Smita,
Your sister is eligible to see the act hereunder; no one can force her to resign.
Conditions for eligibility of benefits
Women indulging temporarily or unmarried are eligible for maternity benefits when she is expecting a child and has worked for her employer for at least 80 days in the 12 months immediately preceding the date of her expected delivery (Sec. 5).
Hiren
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Your sister is eligible to see the act hereunder; no one can force her to resign.
Conditions for eligibility of benefits
Women indulging temporarily or unmarried are eligible for maternity benefits when she is expecting a child and has worked for her employer for at least 80 days in the 12 months immediately preceding the date of her expected delivery (Sec. 5).
Hiren
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Hi Samita,
I wanted to know the name of the bank in which your sister was employed. One of my relatives is also in a similar situation. Can you please reply to me at my email address, i.e., himanshu.t0@gmail.com.
Thanks & Regards,
Himanshu
From India, Meerut
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I wanted to know the name of the bank in which your sister was employed. One of my relatives is also in a similar situation. Can you please reply to me at my email address, i.e., himanshu.t0@gmail.com.
Thanks & Regards,
Himanshu
From India, Meerut
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I agree that the bank's HR should have asked her at the time of joining. As an HR professional, I know these are frequently asked questions in interviews. If the female candidate is unmarried, then what are her plans for getting married? If she is married, then what is her plan for having a baby? We can't say she lied or had any intention of deceiving the organization. Because, boss, it's a job for which we get a salary, and no one would deny taking it.
From India, Kolhapur
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From India, Kolhapur
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HR cannot probe into personal matters like this, such as whether you are planning to have a baby, etc. A female employee may join and get married, etc., as that is a part of life. If the person has worked for the minimum qualifying service, then she is entitled to maternity benefits.
From India, Pune
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From India, Pune
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Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf
Maternity Leave Policy - posting.doc