Maternity leave
Sayandeep das
(Querist) 01 February 2018
This query is : Resolved
My wife works in ICICI BANK LTD since Oct'2016 . She was under going some medical treatment in 2017 and as her job profile was out bound mainly she requested for a department transfer in HR ; but they didn't provide any department transfer rather suggested her to go for a with out pay Fertility leave from June'17 till Nov'2017. Then when she joined back she had submitted all her medical documents and also got checked by the corporate doctor who clearly said that she will require a leave as soon as she will get pregnant next time and HR agreed to provide maternity in such case.
Then in January'18 she informed the HR department that she is 7weeks pregnant and along with doctor certificate she applied for maternity leave.
HR didn't give her maternity leave rather on 30th January'18 HR sent her a letter stating that she has been absenting herself from 15th January'18 hence she will be on loss of pay. And even they have not provided the salary for the 14days she worked in January'18.
She spoke with HR department again when they told that she will be on loss of pay instead of maternity leave as she is not yet permanent in her service.
Seek your advice on this matter.
Regards
Sayandeep Das
9903935898
Kumar Doab
(Expert) 01 February 2018
IT is felt that the 1st leave; June-Nov17 as in your query was neither applied as Maternity Leave nor approved as Maternity Leave.
Hope you have the copies of leave application, acknowledgment and approval as LOP…
IT was rather for treatment of Infertility.
What is Fertility Leave?
The treatment was successful and lady conceived and is pregnant.
Hope you have the copies of Maternity leave application, acknowledgment?
What is date of submission of this leave application and period of leave applied for?
How was IT submitted by email or by Redg. Post?
Isn’t the charge of having absented w.e.f 15th Jan18 in writing?
But the announcement that the leave shall be LOP instead of Maternity leave verbal?
Did you record conversation with HR?
Do you have the copy of Maternity Leave policy and rules of M/s ICICI Bank Ltd?
Are these in accordance with provisions of THE MATERNITY BENEFIT ACT or some other Rule/policy is being followed? The rules might be offering even superior benefits. Pos such rules/policy or link or attach………in Forum section since Experts section does not have option to attach.
Does it describe that pregnant woman employee that is not permanent is not eligible for Maternity Leave?
What exactly is meaning of ‘not permanent employee’ in M/s ICICI Bank Ltd; whose service is not confirmed in writing or anything else?
What exactly is meaning of ‘outbound employee’ in M/s ICICI Bank Ltd?
What exactly you want to do; agitate on the matter?
Confirm!
Kumar Doab
(Expert) 01 February 2018
In the meantime you may go thru:
THE MATERNITY BENEFIT ACT, 1961 http://www.ilo.org/dyn/travail/docs/678/maternitybenefitsact1961.pdf
THE MATERNITY BENEFIT ( AMENDMENT) ACT, 2017 https://labour.gov.in/sites/default/files/Maternity%20Benefit%20Amendment%20Act%2C2017%20.pdf
And many threads on Maternity Leave/benefit at LCI that you can search in Search option e.g as below;
http://www.lawyersclubindia.com/forum/180-days-maternity-leave-for-women-working-in-private-sector-102343.asp
http://www.lawyersclubindia.com/forum/Resignation-after-maternity-leave-79271.asp#.UahsGdKAqWN
http://www.lawyersclubindia.com/forum/Maternity-act-74586.asp#.UXPE3qKAqWM
http://www.lawyersclubindia.com/forum/Forced-to-resign-when-enquired-about-maternity-leaves-75754.asp#.UXPC0qKAqWM
http://www.lawyersclubindia.com/forum/Maternity-leave-salary-76258.asp#.UXPDG6KAqWM
http://www.lawyersclubindia.com/forum/Meternity-leave-75127.asp#.UXPEpaKAqWM
http://www.lawyersclubindia.com/forum/Voluntary-abadonment-from-employment-82097.asp#.Ua8iV9KAqWO
http://www.lawyersclubindia.com/forum/Voluntary-abadonment-from-employment-82097.asp#.U0pY90eBmXX
http://www.lawyersclubindia.com/forum/Regarding-maternity-leave-100692.asp#.U1N830eBmXU
http://www.lawyersclubindia.com/forum/Resignation-while-on-ml-149838.asp
http://www.lawyersclubindia.com/experts/Resignation-while-on-ml-641316.asp
http://www.lawyersclubindia.com/forum/Maternity-benefit-act-during-probation-period-97413.asp
http://www.lawyersclubindia.com/forum/Maternity-leave-during-probationary-period-76574.asp
https://www.cgstaffnews.in/extension-of-probation-period-on-account-of-availing-leave-during-probation-period-dopt-orders/
Kumar Doab
(Expert) 01 February 2018
These will give you fairly good idea on understanding of the matter…
e.g; that Lady should be eligible for Maternity Leave……………….And also that during Maternity Benefits period employment cannot be terminated.
And that HR person is indulging in tactics and you have probably been not able to understand the finer nuances.
Is the lady member of Bank employees unions?
Is M/s ICICI Bank Ltd member of IBA?
Ask the union members and you shall be clear on Maternity Rules/policy and post in this thread.
Kumar Doab
(Expert) 02 February 2018
Submit a fitting reply by letter thru Redg. Post followed by email from person email id, to the said letter sent by this HR person and refute all charges of absenting…and affirm that proper leave application due to ………………has been submitted on dated…….to Mr/Ms……..and attach the copies along with acknowledgment/POD…
You are likely to get a reply…
Guest
(Expert) 02 February 2018
As usual, Mr. Kumar Doab, a fake expert, instead of providing you with some practical advice, has tried to confuse you to a great extent, whereas he has made 4 vague posts merely to play a number game just to add scores to his credit.
Rather he misguided you by advising you to "submit a fitting reply by letter through Regd post." By advising so, he intended to pave a way for your wife to be made a target of disciplinary action and removal from service on being unauthorised absence. Besides, he has suggested you a very long time wasting route to go through the Act and a long list of links containing multiples of confusing replies. IN FACT, HIS EXPERTISE IS IN CONFUSING THE EXPERTS TO THE EXTREME.
Guest
(Expert) 02 February 2018
Your description is quite hazy.
However, it may be made clear that maternity leave does not become due merely on the event of 7 weeks of pregnancy.
Sayandeep das
(Querist) 03 February 2018
I wanted to know for availing maternity leave is it necessary to have the expected date of delivery in writing by doctor? As per ICICI Bank policy after three months of working a lady employee becomes eligible for maternity leave. So can we take any legal step in case they don't provide the maternity leave even after providing the expected date of delivery?
Guest
(Expert) 03 February 2018
Instead of posting irrelevant vague academic queries, you could better have contacted the HR personnel sit with them for a moment and get all necessary clarifications about their rules and regulations. At first, get first hand information to what extent you or your wife are right in your perceptions. Only after that if you feel the problem is from the management as against their own rules or the Maternity Act. only then come forward with the real problem.
Kumar Doab
(Expert) 08 February 2018
LOP; thereafter depending upon leave balance of which you must be having a record as per Leave Policy offering similar or superior (but certainly not inferior) leave benefits as per Leave Policy per applicable enactments e.g; say Shops & Estbs Act of the state in which Lady is located by M/s ICICI Bank LTD……or any enactments that offer superior benefits to employee…………..
Check if leave balance is available… for leave applied by the Lady….
If there is NO leave balance the period of absence sought as leave, can be on LOP basis ………
You must carefully go thru the provisos of applicable enactments and Maternity Benefit Period, extension as per applicable enactments/rules/polcies…………..
Ask the lady to download the applicable enactments/rules/policies and keep these safely………
As her husband help her to understand the importance of keeping and understanding applicable rules/policies/enactments and acting per provisions and keeping and maintaining each record/communication and POD….
The lady has some health related issues s posted by you and has been out of office (on leave earlier also about 6 months) and would be out of office again due to pregnancy related issues and this might be extended due to sickness related with pregnancy/ pregnancy delivery…..
So the HR dept would be vigilant, as there might long period of abence…
So remain vigilant and act sensibly and under responsibly and communicate under proper acknowledgment.
Kumar Doab
(Expert) 08 February 2018
The lady must reply to the said letter in fitting manner and that she has not absented and has submitted leave application.
Maternity leave is not availed by Lady in 1st period as posted by you.
The HR person has pointed out that her leave applied now shall be on LOP, which indicates Lady has NO leave balance..
Dr. does mention expected date of pregnancy in her Rx.
This date is required to calculate period of Maternity Benefit also.
The lady may write to designated person to supply requisite form if any for Maternity Benefits....
Kumar Doab
(Expert) 08 February 2018
Habitual offender
IT=@PSD
the entity at 6th,7th,9th post from top in this thread
as usual from Day1 from all multiple fake ID's
has not left this thread also un-littered
In all links that are provided to querist IT=@PSD has not made any contribution but has saved these in IT's computers.
AS usual in this thread the contribution of IT=@PSD is =NIL,ZERO...
