TCS India Policy - Maternity Leave

TCS India Policy  – Maternity Leave VERSION 9.0

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2008

This is a controlled document. Unauthorised access, copying and replication are prohibited. This document must not be copied in whole or in parts by any means, without the written authorisation of the Head - Global HR, TCS or Deputy Head  – Global HR, TCS.

Document Release Notice This policy on Maternity Leave for India, Version 9.0, is released for use in TATA Consultancy Services (TCS) with effect from 01 Apr 2017. This document is subject to TCS Document Control Procedure. Soft copy of the latest version of this document is available in MyHR in Knowmax. The document was last reviewed on 01 Apr 2017. . Approved By: Dr. By:  Dr. Ritu Anand (Deputy Head – Head  – Global  Global HR)

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Eligibility This policy is applicable to

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All Full time women associates, working in India for a period not less than eighty days in the twelve months immediately preceding the date of their expected delivery.

This policy is not applicable to:

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Business Associates, ACE Associates, Academic Interns and Contract Consultants (Retainers).

Provisions 1.

Entitlement

Note: TCS realises that all its women employees should cherish the experience of the Pre Maternity  phase. Hence it is an imperative impe rative to provide necessary information inform ation on important work related rela ted aspects that has an impact on the professional and personal well-being. The information has been captured in the form of a Checklist, which is a set of exhaustive guidelines for employees proceeding on Maternity Leave. The guidelines also include some important aspects, which should be taken care of in the Post Maternity phase.

For det details ails,, pleas pleas e refer to the Mat Materni ernity ty Leave check lis t at at the following pat path: h: Ultima  Ultimatix tix G lob lobal al HR MyHR on K NOWMA X India Time Off Leave Ma Mate ternity rnity Leave TC S India A rtefa rtefact ct - Maternity Maternity L ea eave ve C hecklis t.  An employee may avail of Maternit y leave for the following reasons:

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Pregnancy and child birth

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Miscarriage or medical termination of pregnancy

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Tubectomy operation

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Illness arising from any of the above

a.

TCS provides maternity leave & benefits as per the Maternity Benefits Benefits Act, 1961. The key provisions of this act are as follows:

In case of Child B irth  An employee is entitled to upto 26 weeks of paid maternity leave.

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Out of the 26 weeks of maternity leave, up to 8 weeks may be availed before and including the date of delivery and the remaining may be availed after the date of delivery OR the entire 26 weeks may be availed after the birth of the child, including the date of delivery.

In cas e of a mis carriag e or medical medical termina termination tion of preg nancy  -

An employee employee is entitled to 6 weeks of paid leave immediately following the date of the miscarriage or the medical termination of her pregnancy.

In case c ase the employee employee underg underg oes a Tubectomy Tubectomy operation -

An employee is entitled to up to 2 weeks of paid leave immediately following the date of her Tubectomy operation.

 S peci al Matern Maternity ity L eave -

2.

An employee is entitled upto a maximum period of one month of paid Special Maternity Leave in case of any illness arising out of pregnancy, delivery, premature birth of child, miscarriage, medical termination of pregnancy or Tubectomy operation. T his will be approved on submission of relevant medical documents.

b.

Maternity Leave is event event based and cannot cannot be accumulated or encashed.

c.

If the employee applies for Maternity Leave, Leave, but does not not avail of the same due to any reason, she may choose to cancel the same.

Availing the Benefit a.

Eligible employees may apply for maternity leave any number of times during during their tenure in TCS, but only one maternity leave request will be permitted in the same instance of pregnancy.

b.

In case of Child Birth leave may be applied for a minimum of 6 weeks weeks and up to a maximum of 26 weeks.

c.

The leave may be prefixed and/or suffixed with other leave types/weekends/statutory holidays. The other leave types/weekends/statutory holidays will be considered as leave days.

d.

The leave leave days in a request may span across financial years.

e.

All the leave leave days in a request should be availed continuously without any break. For example an employee proceeds on leave on 15 March, thereaft er delivers a child on 01 Apri l and resumes work after 9 weeks of leave i.e. 17 May. In this scenario the remaining 17 weeks of maternity leave expire and cannot be applied again at a later date.

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f.

Maternity Leave should be planned well in advance i.e. at least 4 weeks before availing the same (except in situations of a medical emergency wherein prior planning may not be possible).

g.

An employee who avails maternity leave (for any maternity reason) should submit a medical certificate substantiating the reason for leave to the IOU / Branch HR.

3.

Reporting Back from Leave (for any leave duration of 30 calendar days or longer) a.

For any leave duration of of 30 calendar days or longer, on returning from leave the employee is required to complete the Leave End Reporting Form (LERF) and the same should be approved.

Note:: LERF is a formal notification from the employee to TCS about his or her reporting back after Note leave; it captures the date of reporting. b.

Submission of LERF LERF in GESS immediately after the approved leave period is mandatory, even if the employee has availed a combination of different leave types resulting in total leave duration of 30 days or longer.

c.

Non-availability of an approved LERF record on Ultimatix within 15 days of the approved leave end date will result in change of assignment status to ‘Salary Suspended’.

Note. : In case employees wish to further extend their leave duration, subject to availability of balance and supervisor approval, they are required to raise a new leave request and ensure it is fully approved on or before the end date of the last approved leave record in the system 4.

Special scenarios a.

New Joinees

b.

Employee is on Leave Without Pay Pay (LWP)

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c.

Employees on LWP are not entitled to Maternity leave or any associated benefits, unless they have worked for a period of not less than eighty days in the twelve months immediately preceding the date of their expected delivery

Employee is serving notice period

d.

New joinees are entitled to Maternity Leave only after completing 80 days of service with TCS.

Employees serving notice period are entitled to Maternity leave.

Employee goes on a long term International Assignment (home country payroll continues / is frozen)

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5.

The employee’s entitlement for maternity leave will be based on the Maternity leave policy in the Host Country for expats.

Special Benefits associated with leave a.

As per the Maternity Benefits Act, 1961, the employee is entitled to receive a medical bonus of Rs. 3500 from TCS, provided no pre-natal confinement an d post-natal care is provided by the employer free of charge.

Note: TCS provides its employees with a comprehensive Health Insurance Scheme to protect t hem against the costs of medical care arising from a medical condition. The basic coverage amount under HIS may be used for pre-natal confinement and postnatal care, which are the maternity related expenses. TCS may be required to pay Medical Bonus to women employees availing Maternity Leave only if they have exhausted the benefits available to them under Basic coverage of TCS HIS and it did not include maternity related claim/s.

6.

b.

A woman employee is required to submit a notice under Section 6 of the Maternity Benefit Act, 1961 (available with Maternity Leave Application in Ult Ultima imatix tix E mpl mployee oyee S ervic es G lob lobal al ES S Applyy Lea Appl Leave ve) stating the details of the nominee to concerned HR.

c.

If an woman employee is entitled for maternity benefit & medical bonus bonus and dies before receiving such benefits, it will be paid to the person nominated by the employee, as per the notice given under Section 6 of Maternity Benefit Act, 1961 and in case there is no such nominee, to her legal heir.

Adoption Leave  An employee may avail Adoption Leave to nurture the child incase of adoption of a child, or have a baby through a surrogate mother. R efe eferr to TCS India Policy  – A dopt doption ion L ea eave ve for further detail detailss .

Terms and C onditions 1.

During the leave period, period, the employee cannot take up any part time or full time employment employment for remuneration or otherwise, for any reason whatsoever.

2.

In the event event that employee proceeds proceeds on leave for a continuous period of more than 15 calendar days, she should provide a written confirmation to her Supervisor on reporting back from leave.

3.

In case the employee does not report back to her supervisor on the leave end end date, the excess leave will be treated as an unauthorised absence. Such unauthorised absence will be applied by HR and will result in a loss of pay.

4.

TCS reserves the right to initiate exit procedures in case case of the following:

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a.

The employee does does not report back by the approved leave end date, and does not intimate the supervisor.

b.

The employee does not have an approved LERF LERF record within 15 calendar days of leave end date.

For details please refer: Ult Ultima imatix tix Learning & C oll olla abora boration tion K NOW MAX HR Proces s es S ep epa aration ration TCS India Policy  – Separation.

MyHR

India

5.

It is the responsibility of of the employee to coordinate with IOU / Branch HR and ensure that TCS records are up to date with personal coordinates including address and phone numbers at all times. This is required for TCS to ensure delivery of critical official communication while one is on leave.

6.

IOU / Branch RMG will need to authorize any change in work location at the end of the leave period. Transfer and Relocation policies may be applicable for any change. Non compliance to the provisions of applicable policies may warrant disciplinary action.

7.

In case an an employee plans to continue leave after completion of Maternity leave and the total leave duration is 90 days (90 days of continuous leave) or longer within the same financial year (FY), she is excluded from the annual rationalisation process for that FY. The year end performance band for such employees is decided basis the Rationalisation Guideline (as decided by the management for the applicable FY).

8.

Employees proceeding on Maternity leave in Q4 (Leave start date falls between 01 Jan and 31 Mar) of a year are also excluded from the rationalisation process for that FY. The year-end performance band for such employees is decided basis the Rationalisation Guideline (as decided by the management for the applicable FY).

9.

Employees may have leaves of 90 days or longer in two consecutive financial years. years. In such scenarios, employees who have been excluded from rationalization in one year, will requir e to confirm with HR for details of their Rationalization Unit and the applicable guidelines in the subsequent year.

For details please refer: Ult Ultima imatix tix Learning & C oll olla aborat boration ion K NOW MAX MyHR G lob lobal al HR P roces s Talent Tal ent Ma Manageme nagement nt Performance Ma Mana nagg em ement ent P ack P erforma erformance nce Ma Manageme nagement nt TC S G lob lobal al Pack - 04 Performance Performance Mana Managg em ement ent Policy.

Procedure 1.

Applying for Leave a.

The employee can apply for an leave through Ultimatix as follows:

Ultima Ult imatix tix b.

E mp mploye loyee e S ervices

G lob lobal al E S S

A ppl pplyy Leave

The employee completes the Leave Application Form and submits the same for approval.

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Note: The employee can also view the details of previous leaves availed through the GESS application. c.

The employee is required to furnish documentation to support the reason of leave.

d.

The following documentary proof should to be submitted with the leave application:

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 Any one of the following documents for Pregnancy and child birth: i. A medical certificate from a medical practitioner confirming confirming the pregnancy pregnancy and expected due date of delivery. ii. The birth certificate of the child. iii. Discharge card from the hospital after delivery of of child.

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 A Medical Certificate fr om an authorised medical practitioner for: i. Miscarriage or medical termination of of pregnancy: ii. Tubectomy operation Illness arising from any of the above

Note: Please note that the leave end date should not be less than 42 days from the date of delivery . 2.

Approval Workflow a.

Leave request goes for for two levels of approval.

b.

The first level of approval goes to the immediate immediate supervisor to evaluate evaluate the employee’s employee’s current work commitments.

c.

The request is then sent to IOU / Branch Branch HR. The IOU / Branch HR verifies the documentary proof submitted by the employee before approving the request.

Note: The IOU / Branch HR is responsible for verifying the medical certificate and MUST NOT approve the request unless he or she receives the same from the employee . d. 3.

Finally the employee is notified of the approval or rejection of the request.

Leave Cancellation a.

In case the leave request has not yet been been approved, then on cancellation of the same, no approvals are required.

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4.

b.

In case the leave request has been approved, then on cancellation the leave first goes goes to the Supervisor and then to HR for approval. After approval, the leave is cancelled.

c.

Once the leave request has been approved, cancellation of the leave leave will be permitted till 30 days from leave end date or leave approval date, whichever is later.

Reporting after Leave (for leave duration duration of 30 days or longer) longer) a.

The employee reports to the base Location to which he or she was tagged at the time of proceeding on Leave and submits the Leave End Reporting Form (LERF).

Log in to Ul Ultim tima atix b.

GESS

Leave Lea ve

Leave Lea ve E nd R ep eporting orting Form

Apply LE R F

The first level of approval is the supervisor who needs to validate validate the date of reporting, after which which the workflow goes to the concerned HR for further action. The employee is notified of the approval or rejection of the LERF.

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Revision List

Revi sion No.

Policy effecti ve date

Docum ent Revisio n Date

Revision Description

Section No.

Rationale for change

Chang e type (add/m odify/d elete)

Policy revision/ Document revision

9.0

01 Apr 2017

01 Apr 2017

Revised Entitlement for ML from 12 weeks to 26 weeks

Provisions >Entitleme nts

Revision in Maternity Benefit Act

Modify

Policy Revision

9.0

01 Apr 2017

01 Apr 2017

Clarified Unauthorised leave clause as per existing process

Terms and  As per conditions existing process

Modify

Document Revision

8.0

19 Dec 2011

01 Sept 2014

Clarified ML eligibility during LWP.

Special Scenarios

 As per existing practice.

Modify

Document Revision

8.0

19 Dec 2011

01 Sept 2014

Clarity provided on duration for which the leaves maybe availed

Entitlemen  As per t  – existing Miscarriag policy and e practice Procedure - Applying for leave

Modify

Document Revision.

8.0

19 Dec 2011

01 Sept 2014

Clarity provided on implication on performance management for employees on more than 90 days of leaves spanning across FY.

Terms and  As per Conditions existing practice

Modify

Document Revision

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7.0

19 Dec 2011

01 May 2012

Medical bonus revised from Rs. 2500 to Rs. 3500.

Special Benefits associate d with leave

Revision based on latest amendme nt to Maternity Benefits  Act, 1961.

6.0

01 Apr 2011

15 Mar  Added the implication 2012 on Performance management for employees on continuous leave of 90 days or more in a FY and those proceeding on Maternity leave in between 011 Jan and 31 March of any FY.

Terms and Conditions

Document  Add ation of existing practice for clarity.

Document revision

6.0

01 Nov 2009

15 Mar 2012

Removed Workplace  Appendix Guidelines / Checklist  A for associates proceeding on Maternity Leave and during Pre Maternity Phase.

Published separately as a printable PDF for easy reference.

Document revision

5.0

01 Oct 2011

15 Oct 2011

Specified the rule for reporting Back from Leave for any leave duration of 30 calendar days or longer. Introduced a process of Leave End Reporting form.

Improved  Add tracking of employee s who are on long leave.

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Provisions > Reporting Back from Leave, Terms and Conditions , Procedure

Modify

Remov e

Policy revision

Policy Revision

5.0

15 Sep 2008

15 Oct 2011

Only one maternity  Availing  Added leave request will be the benefit clarity permitted in the same instance of pregnancy.

 Add

Document revision

5.0

15 Sep 2008

15 Oct 2011

The employee’s entitlement for maternity leave will be based on the maternity leave policy in the Host Country for expats

Special  As per Scenarios existing > practice Employee goes on a long term Internation al  Assignme nt

Modify

Document revision

5.0

15 Sep 2008

15 Oct 2011

References to HR updated to IOU / Branch HR

Througho  As per ut the current HR document structure

Modify

Document revision

5.0

15 Sep 2008

15 Oct 2011

Removed: After the IOU HR approval an FYI notification is sent to Branch HR Head to intimate about the employee’s unavailability.

Procedure > Approval Workflow

Change in the approval workflow to reflect the existing workflow in system

Delete

Document revision

4.0

15 Oct 2010

15 Oct 2010

Cancellation scope of Leave is restricted to 30 days

Leave Cancellati on

Better  Added complianc e and tracking

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Policy Revision

3.0

3.0

3.0

01 Nov 2009

01 Nov 2009

01 Nov 2009

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01 Apr 2010

01 Apr 2010

It is the responsibility of an employee who is proceeding on Maternity Leave to inform Base branch HR about any changes in personal coordinates including address and phone numbers at all times.

Base branch RMG will need to authorise any change in work location at the end of the maternity leave period.

Terms and Conditions Checklist / Workplace Guidelines introduced for associates proceedin g on Maternity Leave. Terms and Conditions Checklist / Workplace Guidelines introduced for associates proceedin g on Maternity Leave.

Maternity leave  Approval application goes for Workflow two levels. The first level of approval goes to the immediate supervisor and the second level goes to the IOU HR

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The new  Added coordinate s should be communic ated to enable official correspon dence as necessary .

Document Revision

Issues  Added may be faced in case separation process gets initiated erroneousl y when the employee reports at a different branch.

Document Revision

Change in the approval workflow to reflect the existing workflow

Document Revision

Modifie d

3.0

01 Nov 2009

01 Apr 2010

The terminology ‘female employees’ replaced by ‘women employees’.

Througho ut the document

The change has been done as per the globally

Modifie d

Document Revision

2.0

01 Nov 2009

01 Nov 2009

TCS provides its employees with a comprehensive Health Insurance Scheme .The basic coverage amount under HIS are greater than the Medical Bonus amount. Medical Bonus amount is available to a women associate only if the entire basic coverage amount is exhausted and it did not include any maternity related expenses.

Special  All Benefits employee associate s of TCS d with are leave. covered under Basic coverage of TCS Health Insurance Scheme (HIS) which can be used towards pre-natal confineme nt and postnatal care. This amount is

Modifie d

Policy Revision

2.0

01 Nov 2009

01 Nov 2009

Revision in Medical Bonus from Rs 250/- to Rs 2500/-.

Special Benefits associate d with leave.

Modifie d

Policy Revision

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The revision is introduced based on latest amendme nt to Maternity Benefits  Act, 1961.

2.0

01 Nov 2009

01 Nov 2009

Checklist / Workplace  Appendix Guidelines introduced  A. for associates proceeding on Maternity Leave and during Pre Maternity phase.

The  Added checklist guides an associate on the important activities to be completed in the work place at various stages of the Pre Maternity phase.

Document Revision

1.0

15 Sep 2008

15 Sep 2008

First Release

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