Maternity Leave during the FY 2017-18 - third party contractual staff not eligible for Appraisal

Hi sir,

My name is Dimple, and I'm a third-party contractual staff. The appraisal for 2017-2018 is currently ongoing in my organization. However, my HR department is stating that I am not eligible for this due to maternity leave. My maternity period began in March 2018, and the appraisal period is from April 2017 to March 2018, during which I served the company.

Kindly advise on what I should do next.

Thank you.

Hi Dimple,

Understanding your scenario, your contractual appointment terms and conditions apply. So, first, check your employment conditions for the appraisal process. If your clause states that you are eligible for an appraisal, then your HR has no right to deny your appraisal for the reason of maternity.

This kind of situation should be handled by mutual understanding between you and your management. If we suggest you go the legitimate way, you may have the chance of losing your job.

But sir, I served for that period, and after that, I was on maternity leave. I joined after one year as a rejoining employee. So, as per my understanding, the period I served, I am eligible for the appraisal.

Hi,

Some companies do things like delaying the increment or releasing a smaller increment for maternity cases. While your question is valid, employers sometimes view maternity leave as a non-productive period, which is not ethical. I suggest discussing the contributions you have made with your immediate superior/HR to find a solution, such as a reduced increment rather than none at all.

Appraisal is for April 2017 - March 2018, during which I served the company. After that, I was on maternity leave. Could you please let me know if I am eligible for the appraisal according to government policies?

Dear Dimple,

We know that you are entitled to the benefit, but we cannot neglect the fact that your management is doing all this deliberately. So, you have two options in front of you: either look for another job or discuss this issue directly with your management, or else take legal action against them.

Hello Mrs. Dimple,

From your narration, it is learned that you joined the company one year after maternity leave. I see that there has been a gap between 2017 and 2018 for your appraisal. Your company offered re-employment based on your performance, and it was the right fit, so it's good to see you back at the same place. Your positive thinking, hard work, behaviors, and contributions are worth appreciation. As time goes on, your dedication will be recognized as great work never goes unnoticed. I hope your concerns from 2017-2018 will be genuinely addressed to your satisfaction.

Best wishes,

Sir, do you have any clause or any file regarding this so that I can show it to my management and ask for my appraisal amount?

Hi,

In addition to the above viewpoints and as Ravi mentioned, you can attempt to pick up another job, which is an option now and at any time. However, we are not advising you to approach your present management with evidence; the reason is understood. You can informally discuss this at any time with your immediate boss and get him into the communication loop. Please carefully understand the risks and future implications. Also, appreciate that no company will reopen the 2017-2018 appraisals in 2019, even if something unfavorable has happened to the employee.

Best regards,
RDS Yadav
Director, Future Institute of Engineering and Management Technology, Bareilly
and
Labour Laws Advisor
Navtarang HR Services
Email: navtaranghrs@gmail.com
WhatsApp: 9634532026

Dear Friend,

There is a law on minimum wages, but there is no such law on increment/appraisal. Your appointment letter mentions a clause that will help you produce proof in front of your management. Ask them if it is mentioned anywhere in your appointment letter that any eligible employee proceeding for maternity during or after the appraisal is not eligible for an increment.