Hi, I am working in a Corporate were no. of female employees are 10. Company has the policy of giving MAT leave payment after rejoining the Office that means after 6 months when employee rejoins the office then they pay the lumpsum amount and not monthly.
Is their any thing employee can do about it. Is their any section specifying the payment should be monthly?
From India, Delhi
Is their any thing employee can do about it. Is their any section specifying the payment should be monthly?
From India, Delhi
Hi
Section 6 in The Maternity Benefit Act, 1961
6. Notice of claim for maternity benefit and payment thereof.—
(1) Any woman employed in an establishment and entitled to maternity benefit under the provisions of this Act may give notice in writing in such form as may be prescribed, to her employer, stating that her maternity benefit and any other amount to which she may be entitled under this Act may be paid to her or to such person as she may nominate in the notice and that she will not work in any establishment during the period for which she receives maternity benefit.
(2) In the case of a woman who is pregnant, such notice shall state the date from which she will be absent from work, not being a date earlier than six weeks from the date of her expected delivery.
(3) Any woman who has not given the notice when she was pregnant may give such notice as soon as possible after the delivery.
18 [(4) On receipt of the notice, the employer shall permit such woman to absent herself from the establishment during the period for which she receives the maternity benefit.]
(5) The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on production of such proof as may be prescribed that the woman is pregnant, and the amount due for the subsequent period shall be paid by the employer to the woman within forty-eight hours of production of such proof as may be prescribed that the woman has been delivered of a child.
(6) The failure to give notice under this section shall not disentitle a woman to maternity benefit or any other amount under this Act if she is otherwise entitled to such benefit or amount and in any such case an Inspector may either of his own motion or on an application made to him by the woman, order the payment of such benefit or amount within such period as may be specified in the order.
Please refer Section 6(5) of the Maternity Benefit regarding payment of Maternity Benefit.
It is not right to make the payment after the employee resumes back to work after 182 days.
From India, Madras
951Section 6 in The Maternity Benefit Act, 1961
6. Notice of claim for maternity benefit and payment thereof.—
(1) Any woman employed in an establishment and entitled to maternity benefit under the provisions of this Act may give notice in writing in such form as may be prescribed, to her employer, stating that her maternity benefit and any other amount to which she may be entitled under this Act may be paid to her or to such person as she may nominate in the notice and that she will not work in any establishment during the period for which she receives maternity benefit.
(2) In the case of a woman who is pregnant, such notice shall state the date from which she will be absent from work, not being a date earlier than six weeks from the date of her expected delivery.
(3) Any woman who has not given the notice when she was pregnant may give such notice as soon as possible after the delivery.
18 [(4) On receipt of the notice, the employer shall permit such woman to absent herself from the establishment during the period for which she receives the maternity benefit.]
(5) The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on production of such proof as may be prescribed that the woman is pregnant, and the amount due for the subsequent period shall be paid by the employer to the woman within forty-eight hours of production of such proof as may be prescribed that the woman has been delivered of a child.
(6) The failure to give notice under this section shall not disentitle a woman to maternity benefit or any other amount under this Act if she is otherwise entitled to such benefit or amount and in any such case an Inspector may either of his own motion or on an application made to him by the woman, order the payment of such benefit or amount within such period as may be specified in the order.
Please refer Section 6(5) of the Maternity Benefit regarding payment of Maternity Benefit.
It is not right to make the payment after the employee resumes back to work after 182 days.
From India, Madras
But in Section 6 (5) of Maternity Benefit Act it is not mentioned that employer is required to give monthly payment to employee.
From India, Delhi
From India, Delhi
Hi,
Actually as per the Act benefit needs to be paid in advance. But some employers follow the practice of making the payment on monthly basis.
" maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on production of such proof as may be prescribed that the woman is pregnant, and the amount due for the subsequent period shall be paid by the employer to the woman within forty-eight hours of production of such proof as may be prescribed that the woman has been delivered of a child"
Receiving the benefit in advance is better than getting on monthly basis isn't it.
From India, Madras
Actually as per the Act benefit needs to be paid in advance. But some employers follow the practice of making the payment on monthly basis.
" maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on production of such proof as may be prescribed that the woman is pregnant, and the amount due for the subsequent period shall be paid by the employer to the woman within forty-eight hours of production of such proof as may be prescribed that the woman has been delivered of a child"
Receiving the benefit in advance is better than getting on monthly basis isn't it.
From India, Madras
Hi.,
To supplement Mr. L N's answer,
Let's examine the issue from two perspectives:
According to legal provisions:
Subsection 5 of Section 6 clearly states that:
(a) Prenatal benefits should be paid in advance.
(b) Postnatal benefits should be paid within 48 hours.
As per industry practice:
(a) Prenatal benefits, if opted for, are paid on a monthly basis.
(b) Postnatal benefits are also paid on a monthly basis.
It's apparent from the above that your proposed action plan does not conform to either the legal provisions or the prevailing industry practice.
Nevertheless, there no written guideline specifying monthly payments in the law.
Please consider this information and take appropriate action."
From India, Bangalore
To supplement Mr. L N's answer,
Let's examine the issue from two perspectives:
According to legal provisions:
Subsection 5 of Section 6 clearly states that:
(a) Prenatal benefits should be paid in advance.
(b) Postnatal benefits should be paid within 48 hours.
As per industry practice:
(a) Prenatal benefits, if opted for, are paid on a monthly basis.
(b) Postnatal benefits are also paid on a monthly basis.
It's apparent from the above that your proposed action plan does not conform to either the legal provisions or the prevailing industry practice.
Nevertheless, there no written guideline specifying monthly payments in the law.
Please consider this information and take appropriate action."
From India, Bangalore
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