Hi guys, Can we hold employee salary when she is on maternity leave and give once she rejoins the company. pls suggest
From India, Delhi
From India, Delhi
Hi,
Strictly No. You are not supposed to hold the salary while on maternity leave. As per the Maternity Benefit Act the 182 days leave to be sanctioned along with wages on a monthly basis till the completion of maternity leave period.
From India, Madras
952Strictly No. You are not supposed to hold the salary while on maternity leave. As per the Maternity Benefit Act the 182 days leave to be sanctioned along with wages on a monthly basis till the completion of maternity leave period.
From India, Madras
To add to the aforesaid opinion and to clarify further, the law makes it mandatory that the maternity benefit has to be paid in advance:
(1) for the period prior to delivery on receipt of intimation to this effect from the woman employee concerned and
(2) on receipt of the information about delivery, the remaining maternity benefit. {Section 6(5)}
Though this a technical or procedural requirement, Labour Inspectors check on this aspect and they don't leave this when they decide to be odd to the organisation.
From India, Mumbai
(1) for the period prior to delivery on receipt of intimation to this effect from the woman employee concerned and
(2) on receipt of the information about delivery, the remaining maternity benefit. {Section 6(5)}
Though this a technical or procedural requirement, Labour Inspectors check on this aspect and they don't leave this when they decide to be odd to the organisation.
From India, Mumbai
Dear Deepika-Bisht,
No and never, you can not go against the law. You have to pay the full salary during the entire time she is on maternity leave. In addition, the employee can provide further maternity benefits or leave days according to her employment contract or applicable laws.
No and never, you can not go against the law. You have to pay the full salary during the entire time she is on maternity leave. In addition, the employee can provide further maternity benefits or leave days according to her employment contract or applicable laws.
Thank you Actually my employer want the proof, can you share the clause where its mention about the salary.
From India, Delhi
From India, Delhi
Hi,
https://labour.gov.in/sites/default/...fitAct1961.pdf
Please refer
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. 9 Ins. By Act 21 of 1972, S. 3. 10 Ins. By Act 53 of 1976, S. 3.
(3) Any woman who has not given the notice when she was pregnant may give such notice as soon as possible after the delivery.
(4) On receipt of the notice, the employer shall permit such woman to absent herself from the establishment until the expiry of six weeks after the day of her delivery.
(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 the 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.
From India, Madras
https://labour.gov.in/sites/default/...fitAct1961.pdf
Please refer
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. 9 Ins. By Act 21 of 1972, S. 3. 10 Ins. By Act 53 of 1976, S. 3.
(3) Any woman who has not given the notice when she was pregnant may give such notice as soon as possible after the delivery.
(4) On receipt of the notice, the employer shall permit such woman to absent herself from the establishment until the expiry of six weeks after the day of her delivery.
(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 the 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.
From India, Madras
What if an employee take Maternity leaves and then leave the company after 6 months. how can we avoid that.
From India, Delhi
From India, Delhi
Hi,
Good question. Yes it is very common among maternity cases where in most of the employees tend to submit resignation. But if you check with them the reason mostly it would be they want to take care of the baby, want to feed the baby etc. So for those employees once they complete 182 days in case of any request for further extension of leave for 1 or 2 months please consider it favorably so that they can nurture their new born baby. If the nature of the work of the employee permits work from home give that facility voluntarily say for another 4-5 months so that they can balance both work and family at a time... there by you can ensure their continuance with your Organization.
From India, Madras
Good question. Yes it is very common among maternity cases where in most of the employees tend to submit resignation. But if you check with them the reason mostly it would be they want to take care of the baby, want to feed the baby etc. So for those employees once they complete 182 days in case of any request for further extension of leave for 1 or 2 months please consider it favorably so that they can nurture their new born baby. If the nature of the work of the employee permits work from home give that facility voluntarily say for another 4-5 months so that they can balance both work and family at a time... there by you can ensure their continuance with your Organization.
From India, Madras
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Maternity Benefit Act - Act Provisions reg.benefits.do cx
Maternity Benefits Act 1961.pdf