Hi Folks, Is maternity leave a paid leave? If yes, then which component of salary (Basic/HRA/DA) should be given to the employee who is on maternity leave? Please Guide. Regards, Lubna Ambreen
From India, Nagpur
1From India, Nagpur
Maternity Leave is a paid leave. Last drawn salary must be provided. Partial component should not be provided, it must be paid fully.
From India, Madras
From India, Madras
Yes
Maternity Leave is paid Leave. Last drawn of the employee salary will pay during the Maternity Leave Period i.e 180 days. and its excluded Fixed traveling allowance,Cell bill provision etc..
Venus
Asst Project manger-HR
DRDA
West godavari district
AP
From India, Bhimavaram
Maternity Leave is paid Leave. Last drawn of the employee salary will pay during the Maternity Leave Period i.e 180 days. and its excluded Fixed traveling allowance,Cell bill provision etc..
Venus
Asst Project manger-HR
DRDA
West godavari district
AP
From India, Bhimavaram
Dear All who have so far posted in this thread
I presume that Luna Ambreen's post relates to women employees/workers. In the case of women employees, there is no such thing in law as maternity leave. There are two legislations which regulate the payment of "maternity benefit" to women employees during their pregnancy, on the day of and after the delivery of the chiled. The first legislation is the Employees State Insurance Act. Under this Act, an insured women employee is entitled to get maternity benefit during her pregnancy and after the delivery. This payment of maternity benefit is subject to certain conditions specified in the Act itself. In the case of employees to whom the ESI Act is not applicable, the Maternity Benefit Act is applicable and these women employees/workers are entitled to the payment of "maternity benefit" during pregnancy and on and after the date of delivery. This payment of "maternity benefit" is again subject to certain conditions specified in the Maternity Benefit Act itself. The rate of maternity benefit is specified in the ESI Act itself. Under the Maternity Benefit Act the rate of maternity benefit is equal to the wages/salary of the employee on the date on which she starts to avail the benefit. Therefore in industrial law as it stands today in India, women employees/workers are entitled to maternity benefit. It will be a misnomer to call "maternity benefit" as "maternity leave" and any such usage in the official correspondence is likely to cause confusion later on during the service of the concerned woman employee.
With regards
From India, Madras
I presume that Luna Ambreen's post relates to women employees/workers. In the case of women employees, there is no such thing in law as maternity leave. There are two legislations which regulate the payment of "maternity benefit" to women employees during their pregnancy, on the day of and after the delivery of the chiled. The first legislation is the Employees State Insurance Act. Under this Act, an insured women employee is entitled to get maternity benefit during her pregnancy and after the delivery. This payment of maternity benefit is subject to certain conditions specified in the Act itself. In the case of employees to whom the ESI Act is not applicable, the Maternity Benefit Act is applicable and these women employees/workers are entitled to the payment of "maternity benefit" during pregnancy and on and after the date of delivery. This payment of "maternity benefit" is again subject to certain conditions specified in the Maternity Benefit Act itself. The rate of maternity benefit is specified in the ESI Act itself. Under the Maternity Benefit Act the rate of maternity benefit is equal to the wages/salary of the employee on the date on which she starts to avail the benefit. Therefore in industrial law as it stands today in India, women employees/workers are entitled to maternity benefit. It will be a misnomer to call "maternity benefit" as "maternity leave" and any such usage in the official correspondence is likely to cause confusion later on during the service of the concerned woman employee.
With regards
From India, Madras
Hi Sir,
I want to clear my doubt. Ours is IT company and we are deducting PF for employees.
My doubt is, we have house keeping and her salary is 4500 per month. Her salary expense is considered as admin expenses,
Is it right?
Then i just want to know, whether we need to deduct pf for her or not..
Kindly clear my doubts.
From India, Madras
I want to clear my doubt. Ours is IT company and we are deducting PF for employees.
My doubt is, we have house keeping and her salary is 4500 per month. Her salary expense is considered as admin expenses,
Is it right?
Then i just want to know, whether we need to deduct pf for her or not..
Kindly clear my doubts.
From India, Madras
Thanks HariKrishnan Sir. I am working in a IT company with a employee strength of around 50. An employee of my company is on leave for her pregnancy. In order to give her the maternity benefit, should we be giving her the amount equivalent to her last drawn salary? or there should be any deduction in it?
Please guide.
Regards,
Thanks,
Lubna Ambreen
From India, Nagpur
Please guide.
Regards,
Thanks,
Lubna Ambreen
From India, Nagpur
Dear Lubna Ambreen
If the employee is covered by the ESI Act then you need not worry. You should have deducted her contribution to the ESI and remitted it along with your contribution in respect of her. She has to make a claim with the ESI. If the ESI Act is not applicable to her then she gets automatically covered by the provisions of the Maternity Benefit Act. She is entitled for maternity benefit under this Act for 12 weeks if she had worked with the employer from who she claim maternity benefit at least for a period of 80 days during the 12 months immediately preceding the date of her delivery. Out of this 12 weeks not more than six weeks can be availed before the actual date of delivery. On and from the date of delivery she cannot be asked to work by the employer for six weeks. In other words, it is a must that the employer should give her maternity benefit for a minimum period of 6 weeks on and from the date of delivery. If she chooses, she can come to work till labour pain starts and then avail the full 12 weeks maternity benefit from the date of delivery. Whatever wages she was drawing prior to her availing the maternity benefit has to be paid to her during the maternity benefit period. You please see section 13 of the Maternity Benefit Act. According to this section no deduction from the normal and usual daily wages of woman entitled to maternity benefit under the provisions of the MB Act shall be made by reason only of (a) the nature of work assigned to her by virtue of the provisions contained in sub-section (3) of section 4 of the MB Act and (b) for breaks for nursing the child allowed to her under the provisions of section 11 of the MB Act. The implication of this section is that legal recovery/deduction for reasons other than those specified in section 13 of the MB Act(which I have given in this post) can be made.There is no limit to the number of maternity benefit that a woman employee can avail during her employment.
With regards
From India, Madras
If the employee is covered by the ESI Act then you need not worry. You should have deducted her contribution to the ESI and remitted it along with your contribution in respect of her. She has to make a claim with the ESI. If the ESI Act is not applicable to her then she gets automatically covered by the provisions of the Maternity Benefit Act. She is entitled for maternity benefit under this Act for 12 weeks if she had worked with the employer from who she claim maternity benefit at least for a period of 80 days during the 12 months immediately preceding the date of her delivery. Out of this 12 weeks not more than six weeks can be availed before the actual date of delivery. On and from the date of delivery she cannot be asked to work by the employer for six weeks. In other words, it is a must that the employer should give her maternity benefit for a minimum period of 6 weeks on and from the date of delivery. If she chooses, she can come to work till labour pain starts and then avail the full 12 weeks maternity benefit from the date of delivery. Whatever wages she was drawing prior to her availing the maternity benefit has to be paid to her during the maternity benefit period. You please see section 13 of the Maternity Benefit Act. According to this section no deduction from the normal and usual daily wages of woman entitled to maternity benefit under the provisions of the MB Act shall be made by reason only of (a) the nature of work assigned to her by virtue of the provisions contained in sub-section (3) of section 4 of the MB Act and (b) for breaks for nursing the child allowed to her under the provisions of section 11 of the MB Act. The implication of this section is that legal recovery/deduction for reasons other than those specified in section 13 of the MB Act(which I have given in this post) can be made.There is no limit to the number of maternity benefit that a woman employee can avail during her employment.
With regards
From India, Madras
Last drawn salary should be paid during the Maternity Leave Period . However, the leave period is 90 days. An employee can avail 6 weeks before her due date after producing the certificate from the doctor and six weeks after the delievery.
A woman worker is entitled to avail the maternity benefit provided she has worked 80 working days in twelve months.For the purpose of calculating the days on which a woman has actually worked in the establishment, the days for which she has been laid off or was on holidays declared under any law to be holidays with wages during the period of 12 months immediately preceding the day of her delivery, the actual day of her delivery and any period immediately following that day. For the purpose of this provision, 'the average daily wage' means the average of the woman's wages payable to her for the days on which she has worked during the period of 3 calendar months immediately preceding the date from which she absents herself on account of maternity.
From India, Chandigarh
A woman worker is entitled to avail the maternity benefit provided she has worked 80 working days in twelve months.For the purpose of calculating the days on which a woman has actually worked in the establishment, the days for which she has been laid off or was on holidays declared under any law to be holidays with wages during the period of 12 months immediately preceding the day of her delivery, the actual day of her delivery and any period immediately following that day. For the purpose of this provision, 'the average daily wage' means the average of the woman's wages payable to her for the days on which she has worked during the period of 3 calendar months immediately preceding the date from which she absents herself on account of maternity.
From India, Chandigarh
Dear V. Harikrishanan we know that ESI having provision in metrnity benefit please clear that if we are not comlete esi benefit period wt happen on that time. i think esi will not clear that claim. company will pay that claim. if somebody not cover in esi on that time company pay this amount that employee 1st clear that question and than give me act's discription please
thanking you
anil Sharma
9971154566
From India, Gurgaon
thanking you
anil Sharma
9971154566
From India, Gurgaon
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Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf