Hi,
I am working in a company from 2.6 years. I am planning to go on maternity leaves from 22nd Jan.-17 as my due date is around the same time.
As now the maternity leaves in India are for around 6 months, just need to know that how much salary I am eligible to get. At present my basis pay is around 20K/- per month. Apart from this my salary include HRA, Special allowance, conveyance.. which comes to a total of around 64K/- per month (From this I have the PF deduction as well).
Please guide me that what percentage of my salary I am entitle to get during my 6 months of maternity leave.
Thanks & Regards,
Neha
From India, Gurgaon
I am working in a company from 2.6 years. I am planning to go on maternity leaves from 22nd Jan.-17 as my due date is around the same time.
As now the maternity leaves in India are for around 6 months, just need to know that how much salary I am eligible to get. At present my basis pay is around 20K/- per month. Apart from this my salary include HRA, Special allowance, conveyance.. which comes to a total of around 64K/- per month (From this I have the PF deduction as well).
Please guide me that what percentage of my salary I am entitle to get during my 6 months of maternity leave.
Thanks & Regards,
Neha
From India, Gurgaon
You will get the same salary that you have been getting now during your leave days. From the gross salary only components like reimbursements such as telephone reimbursement, fuel reimbursement, etc and variable incentives which are paid based on your performance will not be available to you. Obviously, PF will be deducted from the salary during maternity leave days also
From India, Kannur
4246From India, Kannur
Thanks Madhu for the information. As per my company, they are saying that accordingly to law they are entitled to pay only the basic salary (around 20K/-per month ). Please suggest, how should I keep my point to them.
From India, Gurgaon
From India, Gurgaon
Pl see the definition of wages under the Maternity Benefit Act, extracted below:
(n) "wages" means all remuneration paid or payable in cash to a woman, if the terms of the contract of employment, express or implied, were fulfilled and includes-
(1) such cash allowances (including dearness allowance and house rent allowances) as a woman is for the time being entitled to,
(2) incentive bonus, and
(3) the money value of the concessional supply of food grains and other articles but does not include-
(i) any bonus other than incentive bonus;
(ii) over-time earnings and any deduction or payment made on account of fines;
(iii) any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the woman under any law for the time being in force; and
(iv) any gratuity payable on the termination of service;
So the wages to be paid definitely includes DA & HRA but generally Conveyance Allowance is paid contingent on performance of actual duty which would not be payable in case one is not attending duties. As regards Spl Allowance, it is not a standard item and the nature of payment has to be seen. But as a matter of general principle follow what Mr. Madhu Sir has stated above, if the allowance is payable during leave then it is payable during maternity leave too.
From India, Mumbai
(n) "wages" means all remuneration paid or payable in cash to a woman, if the terms of the contract of employment, express or implied, were fulfilled and includes-
(1) such cash allowances (including dearness allowance and house rent allowances) as a woman is for the time being entitled to,
(2) incentive bonus, and
(3) the money value of the concessional supply of food grains and other articles but does not include-
(i) any bonus other than incentive bonus;
(ii) over-time earnings and any deduction or payment made on account of fines;
(iii) any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the woman under any law for the time being in force; and
(iv) any gratuity payable on the termination of service;
So the wages to be paid definitely includes DA & HRA but generally Conveyance Allowance is paid contingent on performance of actual duty which would not be payable in case one is not attending duties. As regards Spl Allowance, it is not a standard item and the nature of payment has to be seen. But as a matter of general principle follow what Mr. Madhu Sir has stated above, if the allowance is payable during leave then it is payable during maternity leave too.
From India, Mumbai
KK has clarified the point. As regards Special allowance also the interpretation is that if the special allowance is an allowance paid in common to all employees it should be taken as part of statutory salary for all purposes. The same ruling applies here also. It is unfortunate that your management has taken a different view on salary to include only the basic pay.
A tag line from Madhu T K- A successful HR person is one who denies benefits to employee following the directions of the top management completely diluting the professional ethics. he is the person who is given appreciations from the employers and by that recommended by the employers for awarding Best HR Practices Award.
The above tagline is one which is taken from my own experience over the past 30 plus years. I have seen Management Associations giving applause to HR guys who do not know what the law stipulates and how the workers can be made happy and engaged by providing the best HR practices. He may be good in presentation on employee engagement, he may be excellent in English communication, but he may be a big zero in people management!
Regret to say that Neha's company HR belongs to this category. If your company management says that you will be paid only basic pay you should accept it. This is because in practice you cannot file a complaint before the appropriate authority and fight for justice. Though women are empowered, when it comes to a situation like this nobody will come for your help. In fact when the proposal for amending the Maternity Benefit Act came up, I had posted in this citehr itself that this will result in reduction in employment to women because the employers will not find it affordable to pay 6 months pay even though these employers may include women entrepreneurs. But once it is enforced it should be implemented and you cannot deviate from the law.
Anyway, you mat speak to the HR Manager over there and if he is not convinced, take a step either to fight for the justice or to accept what your company says!
Repercussions: If you take the first option of taking the issue to Labour Office, please ensure that you will get help from others including forums for women rights. Once you are through, you may get justice in the form of full salary during maternity leave days. I am not sure what will happen when the leave period is over and you resume to attend to your duties. They will not terminate you from service, that I am sure but I cannot give any guarantee about your rating in the coming performance appraisal. You may also anticipate a change in the work profile also.
If you opt for the second thing, you will be receding from your values and rights of a woman. That also is not right. But you can expect continuity of employment, fair appraisal, etc.
Think and act.
From India, Kannur
A tag line from Madhu T K- A successful HR person is one who denies benefits to employee following the directions of the top management completely diluting the professional ethics. he is the person who is given appreciations from the employers and by that recommended by the employers for awarding Best HR Practices Award.
The above tagline is one which is taken from my own experience over the past 30 plus years. I have seen Management Associations giving applause to HR guys who do not know what the law stipulates and how the workers can be made happy and engaged by providing the best HR practices. He may be good in presentation on employee engagement, he may be excellent in English communication, but he may be a big zero in people management!
Regret to say that Neha's company HR belongs to this category. If your company management says that you will be paid only basic pay you should accept it. This is because in practice you cannot file a complaint before the appropriate authority and fight for justice. Though women are empowered, when it comes to a situation like this nobody will come for your help. In fact when the proposal for amending the Maternity Benefit Act came up, I had posted in this citehr itself that this will result in reduction in employment to women because the employers will not find it affordable to pay 6 months pay even though these employers may include women entrepreneurs. But once it is enforced it should be implemented and you cannot deviate from the law.
Anyway, you mat speak to the HR Manager over there and if he is not convinced, take a step either to fight for the justice or to accept what your company says!
Repercussions: If you take the first option of taking the issue to Labour Office, please ensure that you will get help from others including forums for women rights. Once you are through, you may get justice in the form of full salary during maternity leave days. I am not sure what will happen when the leave period is over and you resume to attend to your duties. They will not terminate you from service, that I am sure but I cannot give any guarantee about your rating in the coming performance appraisal. You may also anticipate a change in the work profile also.
If you opt for the second thing, you will be receding from your values and rights of a woman. That also is not right. But you can expect continuity of employment, fair appraisal, etc.
Think and act.
From India, Kannur
""As per my company, they are saying that accordingly to law they are entitled to pay only the basic salary (around 20K/-per month ). Please suggest, how should I keep my point to them.""
Pl tell your HR the provisions of MB Act and refer them to definition of wages in the said Act, which is clear.
The maternity leave is awarded with full pay on completion of at least 80 days in an establishment in the 12 months prior to her expected date of delivery. The maternity benefit is awarded at the rate of the average daily wage for the period of a worker's actual absence from work. Apart from 12 weeks of salary, a female worker is entitled to a medical bonus of 3,500 Indian rupees.
The rules are expected to be known to every HR with female workers being employed in most establishments.
From India, Pune
Pl tell your HR the provisions of MB Act and refer them to definition of wages in the said Act, which is clear.
The maternity leave is awarded with full pay on completion of at least 80 days in an establishment in the 12 months prior to her expected date of delivery. The maternity benefit is awarded at the rate of the average daily wage for the period of a worker's actual absence from work. Apart from 12 weeks of salary, a female worker is entitled to a medical bonus of 3,500 Indian rupees.
The rules are expected to be known to every HR with female workers being employed in most establishments.
From India, Pune
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