Dear All,
1.Suppose one female employee wish to coming back to her job after 1 year of Maternity Leave (didn't resigned),will she get a new offer letter ya it will be consider as a continuation of her employment?
2. After how many days/weeks of leave/absent,will the employment will be terminated and if he wish to join back he will get a new offer letter?
From India, Bengaluru
41.Suppose one female employee wish to coming back to her job after 1 year of Maternity Leave (didn't resigned),will she get a new offer letter ya it will be consider as a continuation of her employment?
2. After how many days/weeks of leave/absent,will the employment will be terminated and if he wish to join back he will get a new offer letter?
From India, Bengaluru
Dear Susanta,
I think that keeping the concept of automatic termination of employment or lien after certain no. of days of absence in mind only the two questions have been raised. My above inference is based on the similarity of the length of absence narrated in the two questions though the purpose of the same is altogether dissimilar. You can correct me if I were wrong. Absence from employment in such a situation would mean only unauthorised absence and not any authorised absence like leave on loss of pay/wages.
Coming direct to your questions, in the first query relating to long maternity leave, the maximum length of maternity leave, even as per the amended provision is 26 weeks and hence by conversion, the total would come to a spell of 6 months and 14 days only. If the leave with wages of one month u/s 10 of the Maternity Benefit Act,1961 is also added, the total leave on account of maternity under the Act would come to a maximum of 7 months and 2 weeks only. If so, how the lady in the question was allowed one year of maternity leave? Is there such a higher scale of maternity leave in the Leave Rules of her organization or whether her leave was simply sanctioned beyond the statutory limit as a special case based on medical grounds? In any case, the question of new offer letter does not arise as there was no break in the continuity of her service on account of authorised leave whether with or without pay.
About the second question relating to the male employee, unauthorised absence of any employee beyond certain no. of days, he shall lose his lien on his appointment if so provided in the standing orders applicable to him.
From India, Salem
I think that keeping the concept of automatic termination of employment or lien after certain no. of days of absence in mind only the two questions have been raised. My above inference is based on the similarity of the length of absence narrated in the two questions though the purpose of the same is altogether dissimilar. You can correct me if I were wrong. Absence from employment in such a situation would mean only unauthorised absence and not any authorised absence like leave on loss of pay/wages.
Coming direct to your questions, in the first query relating to long maternity leave, the maximum length of maternity leave, even as per the amended provision is 26 weeks and hence by conversion, the total would come to a spell of 6 months and 14 days only. If the leave with wages of one month u/s 10 of the Maternity Benefit Act,1961 is also added, the total leave on account of maternity under the Act would come to a maximum of 7 months and 2 weeks only. If so, how the lady in the question was allowed one year of maternity leave? Is there such a higher scale of maternity leave in the Leave Rules of her organization or whether her leave was simply sanctioned beyond the statutory limit as a special case based on medical grounds? In any case, the question of new offer letter does not arise as there was no break in the continuity of her service on account of authorised leave whether with or without pay.
About the second question relating to the male employee, unauthorised absence of any employee beyond certain no. of days, he shall lose his lien on his appointment if so provided in the standing orders applicable to him.
From India, Salem
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Maternity Leave Policy - posting.doc
CHR post Leave Balance Tracker - Final.xls
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf