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kavi (JTO)     11 March 2013

Maternity leave during probationary period

Sir,

I am working in BSNL. I just want to know if the maternity leave availed during the probationary period is counted as service or does the probationary period extends for that particular period?

please reply with supporting rules..

 

Thanks

 

 




Learning

 8 Replies

Kumar Doab (FIN)     11 March 2013

“If the maternity leave availed during the probationary period is counted as service”-Yes.

“does the probationary period extends for that particular period?”

It should. The probation period is the period kept by employer to observe the employee and decide whether the employee is fit to be absorbed in establishment as confirmed employee or not.

The authority empowered to recommend confirmation of service would also consider the eventuality of decision becoming and being quoted as precedence.

The authorities may also look into if the performance and contribution of employee is exceptional and the employee is indispensable for the organization and any other factor that they may deem to be fit.

Law would lay guidelines on what is the minimum to be given and nothing stops an employer to give more.

As per rules applicable to your establishment the period of admissible leave is 180 days and then there is 730 days (2years) of Child care leave. It is a big period.

Valuable advice of learned experts/members is sought.


Attached File : 716184571 bsnl leave rules.pdf downloaded: 602 times

Sudhir Kumar, Advocate (Advocate)     11 March 2013

I believe BSNL is following Central Govt rules.  you can avail any admissible leave  leave and no probation can be extended because of duly admissible leave being availed.

 

Please check from HR is they have framed a different rule.

Ramya G   24 January 2018

Good Afternoon Sir. My issue was also same. M working in one of the PSU. My probation period was extended by stating the reason that, i have availed Maternity leave of six months during the probation period. When the law itself is giving a legal right to the Women, to avail the benefit of Maternity leave, how can the company can take a back of this. Pl advise how i should proceed about this issue. I strongly beleieve that, my probation period cannot be extended for this reason.

Sudhir Kumar, Advocate (Advocate)     27 January 2018

challenge the order.

Ramya G   27 January 2018

Thank you sir. However pl advise, what supporting documents I can attach with my letter to hr

Kumar Doab (FIN)     27 January 2018

You have not confirmed which rules apply in your case...............

Download the rules and relate...........

 

Or post the rules..........

Or attach 

or post link..

Kumar Doab (FIN)     27 January 2018

Check following does apply in your case;

Extension of probation period on account of availing Leave during probation period Dated: 5th October, 2017

“if an employee does not complete 75% of the total duration prescribed for probation on account of availing any kind of leave as permissible to a probationer under the Rules, his/ her probation period may be extended by the length of the Leave availed, but not exceeding double the prescribed period of probation.”

 

https://www.cgstaffnews.in/extension-of-probation-period-on-account-of-availing-leave-during-probation-period-dopt-orders/

Kumar Doab (FIN)     27 January 2018

Generically speaking; The Rx of Dr. showing tentative date of delivery is to be submitted..........

Rest download rules and check what and which form/format/attachment is required to be submitted.

Submit under proper acknowledgment...for leave/extention etc 


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