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.
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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.
From India, Salem
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6108Maternity 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.
From India, Salem
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Employee Appraisal Form new.doc
Creche under Maternity Benefit Act.pdf