Dear All,
Are there any new changes in Maternity Benefits during this lockdown? Should employers pay the maternity period wages to women employees, or are there any changes as per the Telangana Government? Please comment.
From India, Hyderabad
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Are there any new changes in Maternity Benefits during this lockdown? Should employers pay the maternity period wages to women employees, or are there any changes as per the Telangana Government? Please comment.
From India, Hyderabad
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Why should an employee not be paid maternity leave pay during the lockdown period? Suppose an employee takes earned leave during the lockdown period. Shouldn't they be paid for these EL days? They should be paid. Similarly, if the maternity period falls during the lockdown, the female employee should be paid a salary. An employer can refuse to pay employees who have not come to work due to the lockdown. Though the government order is to pay full wages, the employer can argue that if there was no work, he cannot pay. Even the Supreme Court has clarified that if an employer has not paid a salary, no legal action shall be taken against that employer by the department. This implicitly states that an employer need not pay a salary during the lockdown period. However, if an employee is availing their eligible leave during this period, how can an employer refuse to pay for that leave? They cannot. Similarly, maternity leave, being a right of a female employee subject to the conditions provided in the Act, should be paid leave, and the employer cannot refuse it.
From India, Kannur
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4768From India, Kannur
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I think no acts and/or laws, either central or state, were made inoperative during the lockdown. No amendments to provisions of existing acts were sought to be implemented. Therefore, there is no reason to see ML can be denied subject to other conditions of the act. The lockdown has been imposed under a different act, i.e., the Disaster Management Act, 2005, prescribing certain procedures to be adhered to by the public and others. There is no stipulation in the 'Lockdown' directives that takes away the rights of a pregnant employee under the MBAct.
From India, Bangalore
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From India, Bangalore
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When the government states that pregnant women employees are exempt from attending the office, it means that she will be marked as present, and the full salary is required to be paid. Maternity leave shall be marked as per the Maternity Act.
Thanks
From India
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From India
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As per the Maternity Benefit Act of 1961, the maternity period includes leave, full pay, and benefits. Employers are required to pay the salary to women on maternity leave under any circumstances, and there have been no changes in the act even during the COVID-19 pandemic.
Thank you.
From India, Chennai
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Thank you.
From India, Chennai
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As per the Maternity Benefit Act of 1961, the maternity period includes leave, full pay, and benefits. Employers are required to continue paying the salary of women on maternity leave under all circumstances, and this policy remains unchanged.
Thank you.
From India, Chennai
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Thank you.
From India, Chennai
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Dear Friends,
In a significant ruling, the High Court of Himachal Pradesh has held that the benefit of Maternity Leave is available to contractual employees as well, along with all consequential benefits, including continuity in service. It is one of the significant changes during this COVID-19 situation. (See the attached judgment)
Regards,
Dr. PBS KUMAR
From India, Kakinada
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In a significant ruling, the High Court of Himachal Pradesh has held that the benefit of Maternity Leave is available to contractual employees as well, along with all consequential benefits, including continuity in service. It is one of the significant changes during this COVID-19 situation. (See the attached judgment)
Regards,
Dr. PBS KUMAR
From India, Kakinada
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I do endorse the views of Mr. Madhu.T.K.
It is just a coincidence that a female employee has to leave on maternity grounds during the lockdown period. It should not be construed that she was on leave due to the lockdown and thereby deprived of the salary she is entitled to as a maternity benefit arising out of statute, however, confining the specified period as laid down in the act/state rules. It is altogether a different issue whether an employee is eligible to receive wages during the lockdown period. If the employer is benevolent, he can pay salary as per the government's recommendation or otherwise. But the Supreme Court has held that the employer is liable to pay salary during lockdown periods, and hence no action can be taken against an employer for not paying wages during the lockdown period despite the government's orders or recommendations, which are not mandatory.
Panchsen
P. Senthilkumar
senprithvib6@gmail.com
9884009193
From India, Chennai
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It is just a coincidence that a female employee has to leave on maternity grounds during the lockdown period. It should not be construed that she was on leave due to the lockdown and thereby deprived of the salary she is entitled to as a maternity benefit arising out of statute, however, confining the specified period as laid down in the act/state rules. It is altogether a different issue whether an employee is eligible to receive wages during the lockdown period. If the employer is benevolent, he can pay salary as per the government's recommendation or otherwise. But the Supreme Court has held that the employer is liable to pay salary during lockdown periods, and hence no action can be taken against an employer for not paying wages during the lockdown period despite the government's orders or recommendations, which are not mandatory.
Panchsen
P. Senthilkumar
senprithvib6@gmail.com
9884009193
From India, Chennai
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Dear friends,
When an employee is entitled to all legally vested leave, it includes maternity leave as well. Extending this, there is no bar on employees to avail legitimate leave irrespective of whether it's intervening lockdown spells. Therefore, it's right to grant maternity leave with pay, even if others are paid or not paid since it's approved leave and leave pay thereof can't be denied. That's my view.
From India, Bangalore
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When an employee is entitled to all legally vested leave, it includes maternity leave as well. Extending this, there is no bar on employees to avail legitimate leave irrespective of whether it's intervening lockdown spells. Therefore, it's right to grant maternity leave with pay, even if others are paid or not paid since it's approved leave and leave pay thereof can't be denied. That's my view.
From India, Bangalore
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Creche under Maternity Benefit Act.pdf
MATERNITY BENEFIT ACT 2009.doc