Maternity benefits Clarifications

Ask the Community HR
1

Hi Team,

In our organization, 1 employee is on Maternity leave and applied for performance appraisal. Is she eligible to receive appraisal during Maternity leave is my concern.

1 more employee working in Singapore and going on Maternity leave from Feb’24. Is she eligible to get the Maternity leaves from India.

Please clarify.

Thanks in advance.

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3

Hi…

There is nothing that we can say no just because she is on Maternity leave. It can be anything… from appraisals, increments, bonus, gratuity

Regards,

Anand C
PAYOF
8089946456

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Secondly… regarding MB eligibility, is she on Indian rolls??? Plus is she covered under ESIC?

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5

Hi,
Yes, she is on Indian payroll and eligible for employee health insurance.

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6

Yes. She should be given performance appraisal on time. It does not matter that she is on maternity leave. There is no such rule that if any employee is on Maternity Leave then his/her appraisal will be on hold.
We also follow the same in our organisation.

Regards,
Nishesh Kumar Jha,
Head HR & Admin
Reliable Group
+917322000026

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7

In India except workers under the wage settlement where collective bargaining is part of the salary revisions, appraisals are not a right or not covered under labour legislation. This is my understanding and if there are any further changes, requesting fellow collaborators to share please.

So you may take a call based on the past/current performance of the employee and potential. it is better not to deny participation of an employee in the peformance review process just because she is undergoing maternity leave / about to go on maternity leave. One of the possible outcomes of a performance review process is a salary enhancement. Here you may manage specific cases with effective date and actual payout date

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8

Dear Team,

Both employees are eligible for Maternity leave since they are under the India payroll.

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9

Hi Anand,

Check the salary for those eligible for epfo and esic?

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10

Hi Anand,

Could you confirm for your office her service report, she properly got the maternity leave from her organization and applied for the esic benefits, so she is eligible for all benefits applicable to them?

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11

Hello, it depends upon the performance appraisal duration. If appraisal is for the year where eveluation is based on the last year’s efforts- she already given her 100% and so the reason you are increasing the salary then Yes she is Eligible. If the performance appraisal is based on the forecasting of next year where considering the last year’s effort and expecting the goal achieving for next year and increasing the salary then she won’t be eligible for appraisal. Maternity Leave is a paid leave so we can’t deduct her salary while appraisal is something based upon the efforts of employee towards the goals. So if someone is on leave so how to evaluate his/her performance? In many cases that happed, employees take benefit of ML and once the duration will be completed, they resign. In Law, no such guideline or Rules for the same is mentioned. this is my understanding regarding the topic.

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