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PRIYESH (PARTNER)     12 July 2012

Unpaid leave in corporate company

I seek your guidance for the following :

If a perosn (female)working with a Corporate MNC,goes for a mternity leave (Co. Has max. 84 days where she is working) had few earned leave which she applied after the maternity leave. As her baby  was a premature one, she applied for Unpaid leave for next 5 months.

Would she be eligible by law, Can HR deny on any grounds the same unpaid leave ?

Pl ellaborate...,Regards!



Learning

 7 Replies

Adv Rohit Dalmia 9324538481 (Lawyer)     12 July 2012

Dear Priyesh,

 

As per the Law Company is liable to provide maternity benefit to the female employees which in your case the company had done. Further, the employee can also use the balance paid leaves which again the company had duly provided. But if the employee wtill wants to be on unpaid leaves for next 5 months then it would put the company into difficulty as they cannot appoint somebody else on temporary basis for such duration to look after the work of the employee who is on leave for a long time.

 

Therefore, if the fmelae wants to be with her child then its better to take the final call as to which she must give priority. She could consult with her boss and the HR team. But the company is not under any compulsion to accept this demand.

 

Regards,

1 Like

Kumar Doab (FIN)     13 July 2012

Mr. Dalmia has given valuable advice.Kindly follow it.

At this juncture the welfare and care of child is more important.Lady and family may attempt to help the company as well by suggesting trained indivisuals who can fill in for her for some duration and lady can support thru con call, occasional visits.The line management and HR are to be taken into confidence.The request for long leave of one spell may repel them.The lady may request to grant leave in increments, join complete the tasks and may request for some leave. Top companies do have succession plan. If the lady has been a performer the organisation may plan to retain her.

 

Is a woman entitled to any leave with wages for illness in addition to the period of absence allowed to her under the provisions of the Act?: A woman suffering from illness arising out of pregnancy delivery, premature birth of child or miscarriage shall be entitled, in addition to the period of absence allowed to her under the provisions of the Act, to leave with wages at the rate of maternity benefit for a maximum period of one month. {Section 10}

11. Nursing breaks. -- Every woman delivered of a child who returns to duty after such
delivery shall, in addition to the interval for rest allowed to her, be allowed in the course
of her daily work two breaks of the prescribed duration for nursing the child until the
child attains the age of fifteen months.

1 Like

PRIYESH (PARTNER)     07 August 2012

In this case the company is a insurance company , and the department is of sales. In the same case the team is not working since last 1 year i.e 12 months. In no way the company is goinfg to face any hinderance in work as the same team is not going to work under any other manager.Simultaneously the company has witnessed a performing graph of the employee in year 2010 wherein she had been the top performer in west zone..If the unpaid laeve is grantedthe team will be retained with her for next 5 months, so the local branch is pushing it hardalong with the HR so that ifthe employee is withdrawing the team will automatically be transferredto other collegues who will get theready people to do business.She is the only female employee in the branch. therehas been a history of discrimination on sompast.  , is sustained till now.SHE is working IN THE COMPANY FOR ALMOST 6YEARS.PL advise.

Adv Rohit Dalmia 9324538481 (Lawyer)     07 August 2012

Dear Priyesh,

 

You may call on 09324538481 for Legal Assistance. As it is difficult to discuss the issue in details through online.

Regards,

Advocate Rohit Dalmia

Mumbai

Kumar Doab (FIN)     12 August 2012

It appears that the lady is at first line sales manager {DM/SM/ASM/DO etc } and the sales team being referred to are agents/advisors or whatever these may be called. It is felt that except in case of Bharti Axa which pays some salary/fixed remuneration all other companies pay commission and some sales/performance linked incentives.

The insurance company sponsors the candidate and only sponsored candidates are allowed to undergo training and appear for exam conducted by III. Agent/Advisor declared having passed the exam signs an agreement with insurance company. IRDA grants license to sell insurance products.

These agents can terminate the contract, obtain NOC and be another company. IRDA has fixed some annual targets e.g. 12 policies, annual premium etc to be achieved. Usually if an agent does not log in business for some months company resorts to termination of contract. However due to poor returns from ULIP, mis selling, pressure selling by companies, banks, frauds; the business has taken a hit for all companies.

All companies are into poaching of agents.

The lady is otherwise in a position she can use to her advantage.

As far as leave etc are concerned insurance companies are following norms. Almost all companies keep leave rules, HR policy on employee portal/HR page, leave record of the employee on password protected employee page. Lady may join for a few days and avail annual leave. If the agents/advisors have been productive and are known to have good social circle company would like to retain them. BM/HO can transfer agents from one DM/SM/ASM/DO to another. If company is about to transfer agents it implies company has taken a decision to separate from DM/SM/ASM/DO. If the DM/SM/ASM/DO has a good social circle and is known to recruit from HNI clients and fetch policies from such clients company can decide to retain her. Lady may join for some time and apply to avail annul leave, LWP. While on leave she may firm up some recruitment /business and may log in while she joins. She should remain amiable with her BM, CM and her line management can help her. Let her negotiate in the business language.

 

1 Like

PRIYESH (PARTNER)     13 August 2012

Thankyou Sir!

 In this case the lady is in senior position two levels above the 1st position entry position. The advisors are also the HNI ONES IN HER TEAM , She ahs joined for 3 days andsent a mail to HR taht it is inconvinient for hetr to report everyday to the office as her baby has to be taken care of .She has to be present at ll times as her's is a nuclear family.

SHEHAS URGEDTHE HR to consider her leave (unpaid).Thnaks in advance for the effort and guidance.

Kumar Doab (FIN)     13 August 2012

Mr. Dalmia has given valuable advice. You may get in touch and discuss the whole matter for a customized legal solution.

At a senior position say BM/CM company has to take a call and arrive at a qualified decision. In case of prolonged absence of head the team shall become orphan. Usually companies mention in appointment letter companies mention that services can be terminated in case of prolonged absence including sickness.

Company may weigh the image, rapport, ability to attract business ........... etc before taking a decision. The company may have some executive focus.

Some companies even offer crèche facility to mothers on nominal charges, 569 day caring spots for your little ones, and nursing breaks, flexible working models, e.g. Mercedes Benz India.

 

 


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