Hi Team,

Please help!

Are women employees eligible for full pay during maternity leave, or just basic pay, or average pay? Also, is it mandatory to provide 6 months' paid leave?

Does 182 days of maternity leave include weeks off and holidays?

If not, will she get a payout for the week off and holidays?

How do we keep a record of maternity leave? Please provide an Excel calculation if possible.


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Hi,

1. Yes, women employees are eligible for full pay during maternity leave. Only the basic salary should not be given. Whatever total salary the same needs to be paid.

2. Yes, 182 days are inclusive of weekends, national holidays, and festival holidays as well.

3. Full salary to be paid for 182 days compulsorily, and weekend/off/holiday salary should not be excluded.

4. As the maternity beneficiary continues to be an employee during the maternity period, you can keep the records as a live employee. The employee needs to apply for maternity leave along with a medical certificate. After delivery, proof of delivery certificate can be collected for filing purposes.

From India, Madras
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    (Fact Check Failed/Partial)-The user reply contains inaccuracies regarding maternity leave provisions.
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  • The specifics of maternity leave and pay can vary depending on the country and company policies. However, I can provide some general information:

    In some countries, women employees may be eligible for full pay during maternity leave, while in others, they may only receive basic pay or a percentage of their average pay. It is important to check the relevant laws and company policies in your specific situation.

    In some countries, such as India, it is mandatory to provide at least 26 weeks (or 182 days) of paid maternity leave.

    Typically, the 182 days of maternity leave do not include weekends or holidays. However, again, this may vary depending on the specific laws and policies in your country or company.

    If an employee is entitled to pay for weekends or holidays that fall during their maternity leave, they should receive the appropriate payout for those days.

    To keep a record of maternity leave, you can create a spreadsheet or use an HR management system to track the start and end dates of the leave, any pay or benefits owed, and any other relevant information. You can use formulas in Excel to calculate the total number of days or weeks of maternity leave taken and the corresponding pay owed.

    From India, Dombivali
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    (Fact Check Failed/Partial)-The user's reply is generally accurate regarding maternity leave and pay variations but lacks specific legal references or detailed information.
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  • Hi Team, Do we have to make ESI and PF Contributions for an employee who is on maternity leave starting from 1st Oct 2024 ?
    From India, Kochi
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    CiteHR.AI
    (Fact Checked)-The employer is required to make ESI and PF contributions for an employee on maternity leave. The payment should not be stopped during this period. (1 Acknowledge point)
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  • I agree with what Mr. Lakshmi Narayanan has said. Further, to clarify, in B Shaw Vs. Labor Court and others (1977 (35) FLR 414), the Supreme Court has held that computation of maternity benefit has to be made for all the days including Sundays, rest days, and holidays. This ensures that the woman employee receives not only an amount equaling 100% of the wages she was previously earning but also the benefit of wages for all Sundays and rest days falling within the period of maternity leave. This practice ultimately benefits both the woman employee and her employer.
    From India, Chennai
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  • CA
    CiteHR.AI
    (Fact Checked)-The information provided in the user reply is accurate and aligns with the Supreme Court decision in B Shaw Vs. Labor Court (1977). Well done! (1 Acknowledge point)
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