Dear All, Can anybody update me whether salary recovery on loan/advance already paid can be made while the employee is under maternity leave and getting full salary as per the Act. Regards,
From India, Madras
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1From India, Madras
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Yes, dear! You can deduct the EMI only during the said period. You would be contravening the rules under the Maternity Act if you don't pay her salary or deduct a part of the salary to which she is otherwise entitled. However, if you deduct the monthly EMI or deductions for the loan sanctioned by the company, then you can deduct the EMI amount ONLY. Hope this clarifies your doubt.
Santosh
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Santosh
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Dear Santosh, Thank you very much. One more clarification. Can we deduct LOP during the maternity leave with the concurrence of the concerned employee. Waiting for your reply. Regards,
From India, Madras
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From India, Madras
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Hi Vijay,
How would you like to handle the deduction of LOP (Loss of Pay) when an employee is on maternity leave and is entitled to her regular pay? You can apply LOP after the completion of the maternity leave period. In what scenario does this LOP arise?
Regards,
From India, Bangalore
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How would you like to handle the deduction of LOP (Loss of Pay) when an employee is on maternity leave and is entitled to her regular pay? You can apply LOP after the completion of the maternity leave period. In what scenario does this LOP arise?
Regards,
From India, Bangalore
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What do u mean by LOP??? Is it is loss of pay? For what reasons will you deduct?? Cencurence or Non Concurence, you cannot deduct for anyother thing! Santosh
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Maternity benefit means 12 weeks of leave. It is not really 12 weeks of wages. The manner of providing the benefit is stated as the money value of 12 weeks had she worked with the employer. Therefore, in order to arrive at such a money value, we take 12 weeks of wages. In the same manner, whatever she would earn had she worked shall be the maternity salary. This has to be paid in advance also. However, many firms pay it in the form of salary every month.
The Maternity Benefit Act does not specify that it should be paid without deductions. Similarly, the Payment of Wages Act, which regulates deductions from salary (section 7), is also silent in this respect. In fact, the deduction of EPF will maintain the continuity of service. For employees covered by the ESI Act, the question does not involve whether a deduction is to be made because an employee covered by ESI, the maternity benefit is paid by the ESI Corporation and not by the employer.
Regards, Madhu.T.K
From India, Kannur
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The Maternity Benefit Act does not specify that it should be paid without deductions. Similarly, the Payment of Wages Act, which regulates deductions from salary (section 7), is also silent in this respect. In fact, the deduction of EPF will maintain the continuity of service. For employees covered by the ESI Act, the question does not involve whether a deduction is to be made because an employee covered by ESI, the maternity benefit is paid by the ESI Corporation and not by the employer.
Regards, Madhu.T.K
From India, Kannur
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Hi All!
I have one query regarding Maternity Leave (ML). After the lapse of ML, how long (number of days/months) can an employee avail an extension of her leave, which is obviously without pay? Is there any specific time period for extending Maternity Leave?
Regards,
Suchandra
From India, Calcutta
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I have one query regarding Maternity Leave (ML). After the lapse of ML, how long (number of days/months) can an employee avail an extension of her leave, which is obviously without pay? Is there any specific time period for extending Maternity Leave?
Regards,
Suchandra
From India, Calcutta
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In addition to maternity leave, a woman employee is eligible for one month paid leave for sickness resulting and in continuation to her delivery. Regards, Madhu.T.K
From India, Kannur
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From India, Kannur
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Dear Suchandra,
A leave without pay due to extension of maternity leave is fine. This depends on the health of the lady and the company policy. At times, even a one-year LOP is taken in a sabbatical form (provided she is not employed anywhere else, an agreement is signed between her and the company).
Thanks,
Sonali
From India, Thana
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A leave without pay due to extension of maternity leave is fine. This depends on the health of the lady and the company policy. At times, even a one-year LOP is taken in a sabbatical form (provided she is not employed anywhere else, an agreement is signed between her and the company).
Thanks,
Sonali
From India, Thana
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Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf
Employee Benefits.doc