Hi,
We are in the process of setting the Maternity Benefts guidelines for my company. I had a few queries and would appreciate any help that I can get.
My questions are as follows:
1. The law says that an employee can avail of the benefit if she has worked for minimum 80 days in the last 12 months of employment. Now does this mean that before she can utilise this leave she needs to be in the company for 1 year? Suppose she joins a company when she is 3 months pregnant, will she get the benefit after 6 months?
Please help me understand this.
2. There are set rules about disbursing the wages/ salary to an employee at the time of availing the benefit. It says that we need to give 6 weeks salary in advance before she goes on leave and the remaining salary for 6 weeks within 48 hours of the lady delivering.
Now, if we make the disbursement in the normal cycle of the company, i.e month by month, will we be going against the law? Are there any catches here?
3. The law also states that if the lady has a difficult or pre mature delivery or faces illness during the time of delivery, leave upto maximum one month can be granted. Is this leave with pay or without?
4. Some companies also are open to extending the leave for more period (say about 3 to 6 months) than the stipulated 3 months which is unpaid. Should a company continue to pay PF during this extended leave or even that does not have to be paid?
It will help if the experienced people in this forum help me out.
Regards,
Devangi
From India, Pune
We are in the process of setting the Maternity Benefts guidelines for my company. I had a few queries and would appreciate any help that I can get.
My questions are as follows:
1. The law says that an employee can avail of the benefit if she has worked for minimum 80 days in the last 12 months of employment. Now does this mean that before she can utilise this leave she needs to be in the company for 1 year? Suppose she joins a company when she is 3 months pregnant, will she get the benefit after 6 months?
Please help me understand this.
2. There are set rules about disbursing the wages/ salary to an employee at the time of availing the benefit. It says that we need to give 6 weeks salary in advance before she goes on leave and the remaining salary for 6 weeks within 48 hours of the lady delivering.
Now, if we make the disbursement in the normal cycle of the company, i.e month by month, will we be going against the law? Are there any catches here?
3. The law also states that if the lady has a difficult or pre mature delivery or faces illness during the time of delivery, leave upto maximum one month can be granted. Is this leave with pay or without?
4. Some companies also are open to extending the leave for more period (say about 3 to 6 months) than the stipulated 3 months which is unpaid. Should a company continue to pay PF during this extended leave or even that does not have to be paid?
It will help if the experienced people in this forum help me out.
Regards,
Devangi
From India, Pune
Dear Devangi,
1. Yes if she has worked for min 80 days then she can avail the benefit. If you think on your example, you will find the answer yoruself.
2. Yeas there are set rule, but it all depends on how good has been the HR with the employee, things can be worked out.
3. In case of any difficulty, such as a miscarriage, 6 weeks leave with pay at the same rate, which is as per the act.
4. Yes some companies dit it, but always remember it is leave without pay. In case the employee has enough leave, she can utilise it.
I have been very short in my reply, for any other issue you can contact me at
.
Rakesh
From India, Mumbai
111. Yes if she has worked for min 80 days then she can avail the benefit. If you think on your example, you will find the answer yoruself.
2. Yeas there are set rule, but it all depends on how good has been the HR with the employee, things can be worked out.
3. In case of any difficulty, such as a miscarriage, 6 weeks leave with pay at the same rate, which is as per the act.
4. Yes some companies dit it, but always remember it is leave without pay. In case the employee has enough leave, she can utilise it.
I have been very short in my reply, for any other issue you can contact me at
Rakesh
From India, Mumbai
Hi Rakesh,
I have few querries related to my organization. We have yet not implemented Maternal Leave Policy as there was no immediate need for the same.But now we do have an employee who is pregrant.
My basic concern is the no of days being allocated as leave for Maternity.I have checked with many friends from HR and have got different views for the same.
1. No of days vary ( 2 months, 3 months )
2. Is the salary been paid on basic and HRA or full salary
3. Incase if the employee is not able to continue her services after the delivery, then should 1 month be considered as a notice period of the no of days she has been on leave.or is there any bond to be signed...if so can i get the format.
4. As per the law , mentioned in Devangi's mail...whats the applicability and how does it varies with organization.
I would request you to guide me and brief me in detail how to law the Maternity Leave Policy.
Regards
Priya
From India, Mumbai
I have few querries related to my organization. We have yet not implemented Maternal Leave Policy as there was no immediate need for the same.But now we do have an employee who is pregrant.
My basic concern is the no of days being allocated as leave for Maternity.I have checked with many friends from HR and have got different views for the same.
1. No of days vary ( 2 months, 3 months )
2. Is the salary been paid on basic and HRA or full salary
3. Incase if the employee is not able to continue her services after the delivery, then should 1 month be considered as a notice period of the no of days she has been on leave.or is there any bond to be signed...if so can i get the format.
4. As per the law , mentioned in Devangi's mail...whats the applicability and how does it varies with organization.
I would request you to guide me and brief me in detail how to law the Maternity Leave Policy.
Regards
Priya
From India, Mumbai
Dear Priya,
1. the no of days for maternity leave is 81 days.
2. Full salary
3. No bond has to be signed. If the employee decides to discontinue, then she can do that. It depends on company policy for notice period.
4. No woman works during the 6 weeks immediately following her delivery or miscarriage. No woman does any arduous work during the period of 10 weeks from the expected date of delivery. Not to discharge or dismiss a woman during pregnancy.
Any thing else, kindly mail your request to.
From India, Mumbai
1. the no of days for maternity leave is 81 days.
2. Full salary
3. No bond has to be signed. If the employee decides to discontinue, then she can do that. It depends on company policy for notice period.
4. No woman works during the 6 weeks immediately following her delivery or miscarriage. No woman does any arduous work during the period of 10 weeks from the expected date of delivery. Not to discharge or dismiss a woman during pregnancy.
Any thing else, kindly mail your request to
From India, Mumbai
Hi Rakesh,
Even i have the query related to pregnancy leave.Is an employee eligible for the paid maternity leave unless she hasent completed one year with the firm.pls provide me full detail & mail me on
.
Regards,
Nidhi
From India, Nagpur
Even i have the query related to pregnancy leave.Is an employee eligible for the paid maternity leave unless she hasent completed one year with the firm.pls provide me full detail & mail me on
Regards,
Nidhi
From India, Nagpur
Hi Rakesh,
I have a query wtr Maternity Leave payment, it is possible for the company to pay the maternity salary after the employee returns for her leave (3 months). We have had several times faced an issue where the employees do not return from their Maternity Leave and the company has paid them for these 3 months for no reason.
Can we make a clause for payment only after the return of the employee after the 3rd month. would it be legal?
Regards,
HR Team
From India, Bangalore
I have a query wtr Maternity Leave payment, it is possible for the company to pay the maternity salary after the employee returns for her leave (3 months). We have had several times faced an issue where the employees do not return from their Maternity Leave and the company has paid them for these 3 months for no reason.
Can we make a clause for payment only after the return of the employee after the 3rd month. would it be legal?
Regards,
HR Team
From India, Bangalore
Dear KGD
Both of your contentions are ILLEGAL.
Please remember that the Laws have been made to SAFEGUARD THE INTEREST OF THE EMPLOYEES and not the interest of the employer/
What you are suggesting is entirely against the Law.
In fact, the law have been made, SO THAT you do not do what you exactly intend to do.
The LAW IS THERE, only TO PREVENT YOU from doing what you want to do.... i.e. give the benefit only to employees who return back to serve you... disregarding the fact that they may have worked diligently for you for years; and during such period they need all help required.
Hope you understood what I intended to convey; and you got all the answers. The LAW is there to PROTECT THE WEAK AND THE NEEDY and not to enrich oneself and exploit employees at the cost of their health and impoverishment.
The best way to find your own answer to such dilemmas; is to ASK YOURSELF THE SAME QUESTION. (Had the employee been your own family member; say, mother, sister or wife; would you still have this doubt about the provisions of Maternity Benefit Act ? Would you still ask - If it is legal, if the benefits are not paid at that time but only when the employee joins back and continues service ??
There is no room to even think of Violations of any Act, knowingly or purposely.
There is no purpose, reason or qualification for being such an HR who thinks in such a way.
From India, Delhi
Both of your contentions are ILLEGAL.
Please remember that the Laws have been made to SAFEGUARD THE INTEREST OF THE EMPLOYEES and not the interest of the employer/
What you are suggesting is entirely against the Law.
In fact, the law have been made, SO THAT you do not do what you exactly intend to do.
The LAW IS THERE, only TO PREVENT YOU from doing what you want to do.... i.e. give the benefit only to employees who return back to serve you... disregarding the fact that they may have worked diligently for you for years; and during such period they need all help required.
Hope you understood what I intended to convey; and you got all the answers. The LAW is there to PROTECT THE WEAK AND THE NEEDY and not to enrich oneself and exploit employees at the cost of their health and impoverishment.
The best way to find your own answer to such dilemmas; is to ASK YOURSELF THE SAME QUESTION. (Had the employee been your own family member; say, mother, sister or wife; would you still have this doubt about the provisions of Maternity Benefit Act ? Would you still ask - If it is legal, if the benefits are not paid at that time but only when the employee joins back and continues service ??
There is no room to even think of Violations of any Act, knowingly or purposely.
There is no purpose, reason or qualification for being such an HR who thinks in such a way.
From India, Delhi
Hi Raj, I’m glad to get a response to my query, but do you need to be rude while responding? A simple no, it will be illegal would have been enough. Thanks.
From India, Bangalore
From India, Bangalore
Well. I am sorry if it felt rude.
It was not my intention.
In fact, one of my seniors, years ago, when i was just a green horn, embarking on a career in HR; had given me this advice.
He told me that whenever you feel that you are in a dilemma on the matters of provisions of any Act. Picture yourself in place of that person. How would you feel ? Would you think that the proposed action is justified or legal ?? Most likely, you will get the answer !!
I did not forget that advice; and have always tried to put it in practice.
If you feel hurt that I used the words.."your own family member; say, mother, sister or wife;" which you may have found offensive.
In that case, let me say, let it be read as "MY mother, sister or wife."
I would definitely want that no employer denies them their rightful dues guaranteed by the Act.
Hope it still drives home the point as strongly; and makes you feel happy.
Warm regards.
From India, Delhi
It was not my intention.
In fact, one of my seniors, years ago, when i was just a green horn, embarking on a career in HR; had given me this advice.
He told me that whenever you feel that you are in a dilemma on the matters of provisions of any Act. Picture yourself in place of that person. How would you feel ? Would you think that the proposed action is justified or legal ?? Most likely, you will get the answer !!
I did not forget that advice; and have always tried to put it in practice.
If you feel hurt that I used the words.."your own family member; say, mother, sister or wife;" which you may have found offensive.
In that case, let me say, let it be read as "MY mother, sister or wife."
I would definitely want that no employer denies them their rightful dues guaranteed by the Act.
Hope it still drives home the point as strongly; and makes you feel happy.
Warm regards.
From India, Delhi
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Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf