I m working as Foe since 2013 in pvt hospital.my due date is 1jan 2018.I sent a mail on 5th sep because my Dr told me about pre delivery.i m on.leave from 10 sep 2018.my hr department decleare increments to all employees but not to me when i ask for a rzn they told point it on maternaty leave of 6 months.after approval of m.leave they refused to pay me salary on monthly basis. And told me that after join they provide me all the 6 month salary.also refused to give me Diwali bonus.please help me and give me details of maternity benefit act 1961.also tell me the salary and rules of leave .increments and bonus.
From India, Ahmedabad
From India, Ahmedabad
Dear member,
The point-wise replies to your query are as below:
a) Increment: - It is not mandatory to give increment. If you are dropped out from the salary increment even for unjustified reasons, then also nothing can be done as annual salary hike is out of purview of labour laws.
b) Withholding Salary During Maternity Leave: - It is illegal. Maternity leave cannot be the ground for stoppage for the monthly salary.
c) Diwali bonus: - Every employer must pay statutory bonus to the eligible employees. However, most of the employers pay before Diwali festival, hence the name "Diwali Bonus". Disbursement of the timing of the bonus apart, question arises is whether you are eligible to receive the statutory bonus. Therefore, please confirm your basic salary and gross salary.
You can file complaint to the labour office of your area for the non-payment of the wages. However, provide the information asked in point (c) above. Wait for other seniors' replies and then we will decide the future course of action.
Thanks,
Dinesh Divekar
From India, Bangalore
7879The point-wise replies to your query are as below:
a) Increment: - It is not mandatory to give increment. If you are dropped out from the salary increment even for unjustified reasons, then also nothing can be done as annual salary hike is out of purview of labour laws.
b) Withholding Salary During Maternity Leave: - It is illegal. Maternity leave cannot be the ground for stoppage for the monthly salary.
c) Diwali bonus: - Every employer must pay statutory bonus to the eligible employees. However, most of the employers pay before Diwali festival, hence the name "Diwali Bonus". Disbursement of the timing of the bonus apart, question arises is whether you are eligible to receive the statutory bonus. Therefore, please confirm your basic salary and gross salary.
You can file complaint to the labour office of your area for the non-payment of the wages. However, provide the information asked in point (c) above. Wait for other seniors' replies and then we will decide the future course of action.
Thanks,
Dinesh Divekar
From India, Bangalore
Thank you so much.sir all the members this month receive increments even a offc.boy and in our centre only 2 reponcible person. Me and my senior or assistant.
At a time of my maternaty leave approval hr department approve my leave and now they say I m on without pay leave bcz my due date is dec2018.but I have 30 days of my EL leave bap and also new financial year leave up to 30days.
And every year before Diwali we received bons 1 full month salary.as par hr department this year i m not eligible for same.but I m working till 10sep.2018.plz help me to solve my matters.
From India, Ahmedabad
At a time of my maternaty leave approval hr department approve my leave and now they say I m on without pay leave bcz my due date is dec2018.but I have 30 days of my EL leave bap and also new financial year leave up to 30days.
And every year before Diwali we received bons 1 full month salary.as par hr department this year i m not eligible for same.but I m working till 10sep.2018.plz help me to solve my matters.
From India, Ahmedabad
Dear madam,
I think that the expected date of your delivery is 01-01-2019. The date of intimation was 05-09-2018.
Your absence on account of maternity actually started from 10-09-2018 as already intimated.
Therefore, as per sec.6(5) of the Maternity Benefit Act, 1961, your employer is bound to pay the amount of maternity benefit i.e the salary for the period from 10-09-2018 to 31-12-2018 in advance. The benefit for the subsequent period of leave should be paid to the woman within 48 hours of production of such proof as may be prescribed that the woman has been delivered of a child. Therefore, any practice adopted by the employer to pay the Maternity Benefit contrary to the above provision is illegal.
Increment being the periodic hike in the salary granted by the employer to his employees subject to certain conditions cannot be claimed as a matter of right unless as a measure of discrimination or victimization. Normally, no Increment would be sanctioned during the course of leave other than casual leave. Even if sanctioned, monetary effect would be from the date of rejoining only.
Before making any complaints in this regard, better make a representation to your management citing the above provision of the MB Act regarding the procedure of payment during the matrnity leave period.
From India, Salem
I think that the expected date of your delivery is 01-01-2019. The date of intimation was 05-09-2018.
Your absence on account of maternity actually started from 10-09-2018 as already intimated.
Therefore, as per sec.6(5) of the Maternity Benefit Act, 1961, your employer is bound to pay the amount of maternity benefit i.e the salary for the period from 10-09-2018 to 31-12-2018 in advance. The benefit for the subsequent period of leave should be paid to the woman within 48 hours of production of such proof as may be prescribed that the woman has been delivered of a child. Therefore, any practice adopted by the employer to pay the Maternity Benefit contrary to the above provision is illegal.
Increment being the periodic hike in the salary granted by the employer to his employees subject to certain conditions cannot be claimed as a matter of right unless as a measure of discrimination or victimization. Normally, no Increment would be sanctioned during the course of leave other than casual leave. Even if sanctioned, monetary effect would be from the date of rejoining only.
Before making any complaints in this regard, better make a representation to your management citing the above provision of the MB Act regarding the procedure of payment during the matrnity leave period.
From India, Salem
As other learned members explained, almost in all cases, increment cannot be claimed as a right. Whilst, not granting increment on the pretext of availing MB/leave is also not justifiable, as ML is also 'service rendered' being a statutory requirement. But I don't think any employer would give it to you this reason in writing. Altogether you availed 6 months of combined leave. You did mention some LWP, is't so? Sometimes this LWP becomes a cause for denying benefits as per normal thing. If you are covered under the Bonus Act, you'll have a case to fight it out as this is based on past year. What could be suggested now is better put your case across with your HR/CEO in a conducive approach not risking spoiling the chances, as it appears your estt. is not large enough to fight it out through channels like Union/grievance cell. All the best M'm.
From India, Bangalore
From India, Bangalore
My join date of organisations is 30 Nov 2013 in this Nov 30 Nov 2018 i complited 5 years .they consider sep Oct as a unpaid leave. After Nov they consider my leave as a maternaty leave.i have a que. if I resigned after 6 months of maternity leave.resined in May i m eligible for my gratuity ? My maternaty duration is consider under 5 years or not?so for the duration of Nov 2013 to may 2018 .maternity duration (Nov 18 to apr18) consider for gartuity or not please expain me .
From India, Ahmedabad
From India, Ahmedabad
Hello M'm, your query is jumbled & not properly formed, difficult to understand (Nov.18 to Apr.18 ?). What I could guess is, to summarise-
1. You joined on 30.11.2013
2. Expected to complete 5 yrs. (of continuous service) by 30.11.2018
3. (If ?) Resigned in May (2018 ?)
4. You availed Maternity Leave (from when ?)
5. Sep. & Oct. are to be considered as 'Unpaid leave' (LWP)
6. Wish to know whether 5 yrs is completed to qualify for gratuity payment.
I have no clue whether you are still in service or already relieved.
If you have resigned in (date ?) May 2018, counting from 30 Nov 2013, presuming resignation effective from 30.5.2018, you would have completed 4.5 yrs. We have no information when actually your maternity leave commenced & when ended. Presumably end of Aug., if so 3 months added, making to 4 yrs. 8 months. Even if Sep. & Oct. as LWP is added you are not making to 5 full years i.e. 4 yrs 10 months. If 240 days provision is applied in your case there is a possibility.
From India, Bangalore
1. You joined on 30.11.2013
2. Expected to complete 5 yrs. (of continuous service) by 30.11.2018
3. (If ?) Resigned in May (2018 ?)
4. You availed Maternity Leave (from when ?)
5. Sep. & Oct. are to be considered as 'Unpaid leave' (LWP)
6. Wish to know whether 5 yrs is completed to qualify for gratuity payment.
I have no clue whether you are still in service or already relieved.
If you have resigned in (date ?) May 2018, counting from 30 Nov 2013, presuming resignation effective from 30.5.2018, you would have completed 4.5 yrs. We have no information when actually your maternity leave commenced & when ended. Presumably end of Aug., if so 3 months added, making to 4 yrs. 8 months. Even if Sep. & Oct. as LWP is added you are not making to 5 full years i.e. 4 yrs 10 months. If 240 days provision is applied in your case there is a possibility.
From India, Bangalore
I m on maternaty leave from sep 10 2018.
30 Nov 2018 is date when i comaplit my 5 years.
Company consider sep and October 2018 as unpaid leave after approval of maternaty leave.
Now they refused to give me Diwali bonus and salary for same time
From India, Ahmedabad
30 Nov 2018 is date when i comaplit my 5 years.
Company consider sep and October 2018 as unpaid leave after approval of maternaty leave.
Now they refused to give me Diwali bonus and salary for same time
From India, Ahmedabad
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Payment during Maternity Leave under the Maternity Act.docx