Dear All, Can a company hire a pregnant women? if yes, how many days she should work before taking maternity leave?? Pls help me out! regards ravi
From India, Hyderabad
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From India, Hyderabad
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Dear Ravil,
Is it mandatory to hire a pregnant lady there ? Being a HR professional we are taking care about the company benefit. We should not hire an employees who does not work long with the company, If you will hire that lady she will defiantly take Maternity Leave and it can be 4 to six months, and work will suffer during her absent.
You should not hire her. Don’t stay forward to her, just said we will take care about you after some time. She will understand what you wants.
Thank.
Kamesh Kumar KHATANA
From India, Hyderabad
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Is it mandatory to hire a pregnant lady there ? Being a HR professional we are taking care about the company benefit. We should not hire an employees who does not work long with the company, If you will hire that lady she will defiantly take Maternity Leave and it can be 4 to six months, and work will suffer during her absent.
You should not hire her. Don’t stay forward to her, just said we will take care about you after some time. She will understand what you wants.
Thank.
Kamesh Kumar KHATANA
From India, Hyderabad
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she should have worked 80 days in the preceding 12 months for the eligibility of availing Maternity benefits. Regards R.Ponraj
From India, Lucknow
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616From India, Lucknow
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Dear Kamesh ji Its nt mandatory to hire certain lady.. but she fits well to the required profile.. any how thanks for ur suggestions.. best regards ravi
From India, Hyderabad
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From India, Hyderabad
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Dear Ravi,
What if some lady conceals the fact that she is pregnant. Here, this lady fits your bill, and you have to hire her at any cost. It's not like always we HRs should take care of only company benefits but also workers who are assets to the organization. The act says that she has to work at least 80 days in the preceding 12 months. Consider all these facts and come to a good conclusion.
From India, Mumbai
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What if some lady conceals the fact that she is pregnant. Here, this lady fits your bill, and you have to hire her at any cost. It's not like always we HRs should take care of only company benefits but also workers who are assets to the organization. The act says that she has to work at least 80 days in the preceding 12 months. Consider all these facts and come to a good conclusion.
From India, Mumbai
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Mr. Kamesh,
What an absolute pathetic statement to come from an HR professional, (if you are one of course). Its only because of people like you in organisations that women are not flourishing even after having skills and knowledge.
The HR Manager's job is to look at both ways for company's benefit as well as for employee's.
Hi Ravi,
The rest of the people have answered that the requirement is just 80 working days in the last 12 months and then a woman is eligible for Maternity benefits.
Thanks
Archna
From India, Delhi
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What an absolute pathetic statement to come from an HR professional, (if you are one of course). Its only because of people like you in organisations that women are not flourishing even after having skills and knowledge.
The HR Manager's job is to look at both ways for company's benefit as well as for employee's.
Hi Ravi,
The rest of the people have answered that the requirement is just 80 working days in the last 12 months and then a woman is eligible for Maternity benefits.
Thanks
Archna
From India, Delhi
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Dear Ravi,
I think you and your company deserve praise for taking such a good and commendable step. Pregnancy and motherhood need to be respected and taken care of. You have not indicated the stage; as such, it is suggested to ensure the safety of the woman and child, and accordingly the tenure of active work. If the employee completes 80 days, then she will be eligible for Maternity Benefits as per law; else leave can be granted as per medical requirements. There is no prohibition on employing pregnant women; on the contrary, it should be encouraged to the extent feasible. The views expressed by one of our members are contrary to the notion of a civilized compassionate society, and I support Archna's views on this.
Warm regards.
From India, Delhi
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I think you and your company deserve praise for taking such a good and commendable step. Pregnancy and motherhood need to be respected and taken care of. You have not indicated the stage; as such, it is suggested to ensure the safety of the woman and child, and accordingly the tenure of active work. If the employee completes 80 days, then she will be eligible for Maternity Benefits as per law; else leave can be granted as per medical requirements. There is no prohibition on employing pregnant women; on the contrary, it should be encouraged to the extent feasible. The views expressed by one of our members are contrary to the notion of a civilized compassionate society, and I support Archna's views on this.
Warm regards.
From India, Delhi
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Yes, you can hire until the pregnancy is six months. After that, for the baby's growth, three months are important to prevent any complications. Pregnancy exercises are recommended for a safe delivery. If the pregnancy is on the lighter side, consider hiring her. Working women under 35 years of age tend to have fewer complications. Now, two years of maternity leave should be given. Mother and baby care is crucial after delivery. This is a serious matter; I'm not taking it lightly. I have ended up on the operating table. Building a family is good, but where is her husband? Her family cannot take care of her at this stage.
From India, Ludhiana
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From India, Ludhiana
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Hi Ravi,
As per the provisions of Section 4(1) of the Maternity Benefit Act, 1961, no employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery, miscarriage, or medical termination of pregnancy.
Similarly, as per the provision of Section 4(2) of the Act, no woman shall work in any establishment during the six weeks immediately following the day of her delivery, miscarriage, or medical termination of pregnancy.
However, there is no mention in the Act that may prohibit the employment of a pregnant woman in an organization prior to the delivery date.
Her maternity benefit can accrue to her only if she has actually worked in an establishment of the employer for a period of 80 in the twelve months period immediately preceding the date of her expected delivery. This means she can avail of other kinds of leave due to her at her credit or leave without pay during the prescribed period before and after the delivery date.
For your reference and guidance, I am attaching a copy of the Maternity Benefit Act, 1961. You can download the same for your reference. Other members may also benefit from it.
From India, Delhi
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As per the provisions of Section 4(1) of the Maternity Benefit Act, 1961, no employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery, miscarriage, or medical termination of pregnancy.
Similarly, as per the provision of Section 4(2) of the Act, no woman shall work in any establishment during the six weeks immediately following the day of her delivery, miscarriage, or medical termination of pregnancy.
However, there is no mention in the Act that may prohibit the employment of a pregnant woman in an organization prior to the delivery date.
Her maternity benefit can accrue to her only if she has actually worked in an establishment of the employer for a period of 80 in the twelve months period immediately preceding the date of her expected delivery. This means she can avail of other kinds of leave due to her at her credit or leave without pay during the prescribed period before and after the delivery date.
For your reference and guidance, I am attaching a copy of the Maternity Benefit Act, 1961. You can download the same for your reference. Other members may also benefit from it.
From India, Delhi
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Hello Kamesh,
Grow up, please...
Dear Ravi,
A woman shall be entitled to maternity benefits only if she has actually worked in an establishment of the employer for a period of not less than eighty days in the twelve months immediately preceding the date of her expected delivery (section 5[2]).
Warm Regards,
Pratima Chauhan
From India, Gurgaon
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Grow up, please...
Dear Ravi,
A woman shall be entitled to maternity benefits only if she has actually worked in an establishment of the employer for a period of not less than eighty days in the twelve months immediately preceding the date of her expected delivery (section 5[2]).
Warm Regards,
Pratima Chauhan
From India, Gurgaon
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Dear Ravi,
Please consider first her skills and attitude towards work. If she is willing to work, hire her. During the maternity period, arrange temporary staff for her position, considering future vacancies. These are the envisioned recruitment plans an HR professional should have.
An HR professional must support an organization to continue working without any delay by properly sourcing candidates. Please analyze your situation and take the necessary steps. While we can discuss various theories and laws, practical considerations are essential. Being flexible depending on the situation is crucial in real People Management.
Regards,
Soja
From India, Kochi
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Please consider first her skills and attitude towards work. If she is willing to work, hire her. During the maternity period, arrange temporary staff for her position, considering future vacancies. These are the envisioned recruitment plans an HR professional should have.
An HR professional must support an organization to continue working without any delay by properly sourcing candidates. Please analyze your situation and take the necessary steps. While we can discuss various theories and laws, practical considerations are essential. Being flexible depending on the situation is crucial in real People Management.
Regards,
Soja
From India, Kochi
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Dear Ravi,
If she is in the initial stage of her pregnancy, there is no harm in employing her. In my view, no woman will look for a job if she is pregnant for 6 months or more. However, I have seen female employees working until they are advised by their doctor to stop attending duties. Under the circumstances, you may speak to her and engage her on a contractual basis in mutually agreed terms, which will be beneficial for her as well as the organization. Re-hiring can be considered once she completely recovers (with due compliance of the Act) and feels comfortable taking care of her baby at home during her absence.
All the best,
Gopal
From India, Jaipur
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If she is in the initial stage of her pregnancy, there is no harm in employing her. In my view, no woman will look for a job if she is pregnant for 6 months or more. However, I have seen female employees working until they are advised by their doctor to stop attending duties. Under the circumstances, you may speak to her and engage her on a contractual basis in mutually agreed terms, which will be beneficial for her as well as the organization. Re-hiring can be considered once she completely recovers (with due compliance of the Act) and feels comfortable taking care of her baby at home during her absence.
All the best,
Gopal
From India, Jaipur
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Dear Pratima, Soja, and Archana Ji,
Great thanks for your words. Everyone has a right to express themselves (should not hurt others); social networks are meant for it. No doubt you are 100% correct, and everyone should consider your suggestions.
Best regards,
Ravi
From India, Hyderabad
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Great thanks for your words. Everyone has a right to express themselves (should not hurt others); social networks are meant for it. No doubt you are 100% correct, and everyone should consider your suggestions.
Best regards,
Ravi
From India, Hyderabad
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Archana, Pratima, Raj,
What Kamesh has put is a very practical point, though it should have been worded differently.
The HR department should look primarily at business interests. HR's function to protect employee rights and ensure their due benefits and a good work environment are also in view of the business requirement of getting and retaining good employees. HR should not be working for employee benefits alone.
Ravi,
Not being in the company and not having relevant details, I can't naturally comment on whether you should employ a lady who is pregnant or whether it's a good idea. That decision can only be taken by the management, and that too keeping in view business requirements.
The following needs to be considered:
- Is it a skill that is scarce and difficult to find in other employees (keeping in mind the lead time to recruit)?
- Is there a track record of performance that makes her a MUST-HAVE?
- Considering she will be on paid leave for 4 months and maybe for 6 months, where does the cost-benefit analysis lie in recruiting such an employee?
- Who will fill her position in her absence? If it is possible to fill her with a temporary position, then perhaps it's not a skill set that is really in short supply (referring to the first point above).
- What is the possibility that she will actually resume work after the maternity leave, in which case the lead time, learning curve, recruitment cost, business disruption, in addition to the 4 months' salary paid for nothing?
Just because a person fits the profile does not by itself mean that he/she should be recruited. It has to be in line with other requirements and parameters in which the company has to work. The matter of recruiting such a person can always be revisited later.
If after considering the above, the management feels that it is a good idea to recruit her, then the law has nothing to stop you from doing it. As others have pointed out already, you can also recruit her on a contract/retainer/consulting basis until she is ready to get into a full-time job after delivery.
From India, Mumbai
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What Kamesh has put is a very practical point, though it should have been worded differently.
The HR department should look primarily at business interests. HR's function to protect employee rights and ensure their due benefits and a good work environment are also in view of the business requirement of getting and retaining good employees. HR should not be working for employee benefits alone.
Ravi,
Not being in the company and not having relevant details, I can't naturally comment on whether you should employ a lady who is pregnant or whether it's a good idea. That decision can only be taken by the management, and that too keeping in view business requirements.
The following needs to be considered:
- Is it a skill that is scarce and difficult to find in other employees (keeping in mind the lead time to recruit)?
- Is there a track record of performance that makes her a MUST-HAVE?
- Considering she will be on paid leave for 4 months and maybe for 6 months, where does the cost-benefit analysis lie in recruiting such an employee?
- Who will fill her position in her absence? If it is possible to fill her with a temporary position, then perhaps it's not a skill set that is really in short supply (referring to the first point above).
- What is the possibility that she will actually resume work after the maternity leave, in which case the lead time, learning curve, recruitment cost, business disruption, in addition to the 4 months' salary paid for nothing?
Just because a person fits the profile does not by itself mean that he/she should be recruited. It has to be in line with other requirements and parameters in which the company has to work. The matter of recruiting such a person can always be revisited later.
If after considering the above, the management feels that it is a good idea to recruit her, then the law has nothing to stop you from doing it. As others have pointed out already, you can also recruit her on a contract/retainer/consulting basis until she is ready to get into a full-time job after delivery.
From India, Mumbai
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Maternity benefit refers to laws that provide minimum required benefits for the upbringing of a small baby until the age of two. Maternity leave is essential for the recovery of the human body to prepare for a return to work. Personally, I do not believe that laws can adequately address the needs of individuals undergoing small or big operations.
From India, Ludhiana
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From India, Ludhiana
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Hi Ravi and Saswat,
I never said that anyone in this forum is prohibited from expressing his/her views, but what Kamesh wrote, I completely disagree with that. Hence, the reply was written to him.
Saswatabanerjee, human resources is not just about management and employees, it's about being human also. So, if the pregnant lady fits the profile and she is in her first trimester, why not give her a chance? Many employees leave after 6 months or 3 months. Then also we look for a replacement. Here, at least she will come back after a 3-month gap or 6-month gap. If she is assuring you of her coming back, that can be discussed with her even before hiring. So, what is the problem?
Ravi, with your case, it is up to the recruiter to hire her or not if she has the right skills that the job demands and if she is fulfilling all other requirements, then why not. Be fair to all, that's what my message is.
And no, it's not necessary that everyone should keep my suggestions. That's not mandatory at all. This forum is meant for sharing knowledge and ideas, and I think I can give some and gain some. :)
By the way, what did you decide finally?
Regards,
Archna
From India, Delhi
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I never said that anyone in this forum is prohibited from expressing his/her views, but what Kamesh wrote, I completely disagree with that. Hence, the reply was written to him.
Saswatabanerjee, human resources is not just about management and employees, it's about being human also. So, if the pregnant lady fits the profile and she is in her first trimester, why not give her a chance? Many employees leave after 6 months or 3 months. Then also we look for a replacement. Here, at least she will come back after a 3-month gap or 6-month gap. If she is assuring you of her coming back, that can be discussed with her even before hiring. So, what is the problem?
Ravi, with your case, it is up to the recruiter to hire her or not if she has the right skills that the job demands and if she is fulfilling all other requirements, then why not. Be fair to all, that's what my message is.
And no, it's not necessary that everyone should keep my suggestions. That's not mandatory at all. This forum is meant for sharing knowledge and ideas, and I think I can give some and gain some. :)
By the way, what did you decide finally?
Regards,
Archna
From India, Delhi
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I guess you have the legal angle. I agree with Archana; in fact, such an attitude results in discriminatory practices being followed, which is not in the best interest of the individual and society at large.
From United States, San Francisco
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From United States, San Francisco
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Hi Archana,
I have outlined the parameters in my post that need to be checked before deciding whether to hire a person, considering the business perspective. While everyone has a human side, businesses must prioritize what is best for their operations. Otherwise, many individuals may lose their jobs in the medium to long term. There isn't a distinct boundary separating personal and business considerations, making decisions subjective.
My main point is that it is impractical to hire someone who may become unavailable after three months or might not return, solely because their profile matches the requirements. Although it's true that people may leave after a short time, no one recruits with the expectation that the new hire will leave soon. Recruitment efforts are geared towards retaining employees.
As mentioned in my initial post, if a candidate possesses rare skills or expertise that are hard to find, it is advisable to seize the opportunity when such a candidate is available. However, this urgency does not apply to profiles readily available in the market.
Upon reevaluation of the original post, it is evident that the company has decided to hire the individual in question, and the primary concern is whether any legal barriers exist. Consequently, the subsequent arguments and discussions hold little relevance for the original poster. Nonetheless, I trust that forum members will benefit from our exchange.
From India, Mumbai
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I have outlined the parameters in my post that need to be checked before deciding whether to hire a person, considering the business perspective. While everyone has a human side, businesses must prioritize what is best for their operations. Otherwise, many individuals may lose their jobs in the medium to long term. There isn't a distinct boundary separating personal and business considerations, making decisions subjective.
My main point is that it is impractical to hire someone who may become unavailable after three months or might not return, solely because their profile matches the requirements. Although it's true that people may leave after a short time, no one recruits with the expectation that the new hire will leave soon. Recruitment efforts are geared towards retaining employees.
As mentioned in my initial post, if a candidate possesses rare skills or expertise that are hard to find, it is advisable to seize the opportunity when such a candidate is available. However, this urgency does not apply to profiles readily available in the market.
Upon reevaluation of the original post, it is evident that the company has decided to hire the individual in question, and the primary concern is whether any legal barriers exist. Consequently, the subsequent arguments and discussions hold little relevance for the original poster. Nonetheless, I trust that forum members will benefit from our exchange.
From India, Mumbai
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Hi Saswat,
The discussion is not irrelevant as some members did try to say certain negative things about hiring a pregnant woman. Having a disagreement is always beneficial and fruitful, and I really enjoyed our discussions and differences in points of view. I shall meet you in some other post where we can discuss more.
Regards,
It's Archna not Archana :)
From India, Delhi
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The discussion is not irrelevant as some members did try to say certain negative things about hiring a pregnant woman. Having a disagreement is always beneficial and fruitful, and I really enjoyed our discussions and differences in points of view. I shall meet you in some other post where we can discuss more.
Regards,
It's Archna not Archana :)
From India, Delhi
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Dear Ravi,
Only Basic Pay/Salary or any special pay or allowance that is specifically treated as pay comes within the purview of pensionable salary. Pensionable salary depends upon the minimum qualifying service prescribed for the eligibility of pension to an employee. If he/she has not put in the minimum qualifying service, no part of the salary becomes pensionable salary.
The normal formula for pension calculation is as follows: Average of the last (annual or 10 months) Pensionable Salary MULTIPLIED BY Six-monthly Periods of Pensionable Service DIVIDED by the Maximum Six-monthly Periods permissible service for entitlement of Pension. The average of pensionable salary (10 or 12 months salary) depends upon the Rules of the Central/State Government Pension Rules or the Employees Pension Scheme, as the case may be.
From India, Delhi
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Only Basic Pay/Salary or any special pay or allowance that is specifically treated as pay comes within the purview of pensionable salary. Pensionable salary depends upon the minimum qualifying service prescribed for the eligibility of pension to an employee. If he/she has not put in the minimum qualifying service, no part of the salary becomes pensionable salary.
The normal formula for pension calculation is as follows: Average of the last (annual or 10 months) Pensionable Salary MULTIPLIED BY Six-monthly Periods of Pensionable Service DIVIDED by the Maximum Six-monthly Periods permissible service for entitlement of Pension. The average of pensionable salary (10 or 12 months salary) depends upon the Rules of the Central/State Government Pension Rules or the Employees Pension Scheme, as the case may be.
From India, Delhi
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