Extension On Maternity Leave For Employees Already On Leave?

My maternity leave ended on 7th May as per the 12-week clause. However, due to a recent amendment, I am now eligible for 26 weeks of leave. I have provided all the necessary documents regarding the amendments from the labor ministry website. However, my organization states that they have no information indicating that employees who were already on maternity leave as of April 1st are entitled to the extended benefits. I have been following up on this matter with the organization since April 27th. I have returned to the office effective May 8th as my leave was not extended. Please advise.

Dear member,

Please check the clarification issued by the Ministry of Labour: Clarification on Recently Notified Maternity Benefit (Amendment) Act, 2017.

Thanks,

Dinesh Divekar

Dear remarker01,

Please find the enclosed clarification about your query. Kindly show this to the HR Department. Even though they did not follow the same procedure, please approach the DLC office.

Approach management and present the enclosed document.

Thank you.

I have already done this. Shared clarification was released on the 8th of May, and they are failing to comply. What should I do next as I don't want to spoil the relationship with the organization?

Dear member,

If you do not wish to spoil your relationship with the organization, then you will have to accept whatever they say. Anyway, you have joined your duties. Now the only option is to continue duties without grumbling.

However, if you wish to take a calculated risk, you may approach the labor officer of your area and explain your situation. Carry proof of your employment like the appointment letter, ID card, correspondence with your HR department, etc.

What is the size of your organization? If your organization is big enough where you do not come across the MD of the company, then you may approach the labor officer. However, if you work in a private limited company or in a company where there is a one-man show, then you need to exercise your discretion.

Lessons for HR: On one side, HR always talks about employee engagement and denies legitimate dues on the other. These double standards of HR are despicable. The HR Head of the member's organization could be going to the town and giving lectures on leadership. But once back in the office, what happens is just the antithesis. This is why HR does not get respect and always plays second fiddle. When it comes to showing personal leadership, HR always holds back. That is the travesty of the profession.

Thanks,

Dinesh Divekar

My organization is a global one spread across many countries. As per them, they have not received any notification from the labor department about recent changes; hence, they cannot comply. What is the process by which organizations are informed of changes in labor laws?

Also, if I have joined the office, will it stop me from getting maternity leave extension considering I have been fighting with them even before the end of leaves, and they were not able to give me a satisfactory response? If in the future, the organization is notified by the labor department, will it apply to my case, and will they be bound to comply as it is mandatory as per recent clarification?

This is a very ludicrous argument put across by your company. They must know that the government communicates to corporates only through press releases and media. Especially, amendments such as these are never sent to individual companies, since the law is applicable to millions of establishments across the country.

I would suggest requesting them in writing that they are unable to enforce the law because they have not received it. Ask them for a written confirmation and tell them that you will seek clarification from the statutory authority in writing why they have not sent the circular to your company based on their written response. They know the consequences of such a response.

Alternatively, you could complain to labor authorities, and they will ask for a compliance report and ensure compliance.

Thank you for your inquiry. Just one more question: Does it state anywhere that if I have joined the office, I am not eligible for extended benefits of Maternity Leave?

It does not say so. Incidentally, the punishment for denial of leave is 3 months' imprisonment. Please read the amended act and highlight it to your HR team.

Dear member,

If your HR says that they have not received any notification from the labor department about the inclusion of the women employees who were already on maternity leave, then it is not just a ludicrous argument but also silly. If the labor department did not inform them, why did they not lodge a complaint against the labor department or labor ministry?

If your company is an MNC, you may approach the labor office in your area and make a formal complaint. Give your HR a chance to inform the labor department about the non-receipt of the notification.

Nevertheless, before approaching the labor office, I recommend submitting an application for a personal interview with the Head HR. Inform him that you have been denied your right to avail of maternity leave for 36 weeks. Explain that you have sought advice from the members of citehr about the legitimacy of your claim. This forum includes HR consultants, labor consultants, and retired labor commissioners as members. Mention that juniors in his department have blamed the labor ministry for not informing them about the new legislation on maternity benefits. Tell him that if your plea is not accepted, you will be forced to approach the labor office, and the responsibility for any unpleasantness resulting from your complaint will lie with them and not with you. If the Head HR hesitates or remains defiant, you may proceed to the labor office.

Trust me, no matter how senior your HR may be, they will be hesitant to face the labor office. Most MNCs are reluctant to deal with labor officers. Many members who have had HR issues have approached me personally. I advised them to contact the labor office in their area. A simple call from the labor office was often enough to resolve the situation with uncooperative HR personnel.

After considering everything, I believe that the decision to deny maternity leave could be the decision of some top boss, and the HR may just be following orders. Employers in India are still adjusting to the new law that increases their wage bill. However, instead of educating senior management about the denial of legitimate dues, HR seems to have chosen to be compliant.

Thanks,

Dinesh Divekar