Dear All, Can anybody update me whether salary recovery on loan/advance already paid can be made while the employee is under maternity leave and getting full salary as per the Act. Regards,
From India, Madras
From India, Madras
Yes dear! You can deduct the EMI only during the said period.
You would be contravening the rules under the Maternity Act if U dont pay her Salary or deduct a part of salary which she is otherwise entitled to. But if u deduct the monthly EMI / deductions for the loan sanctioned by the company then u can deduct EMI amount ONLY.
Hope this clarifies ur doubt.
Santosh
4You would be contravening the rules under the Maternity Act if U dont pay her Salary or deduct a part of salary which she is otherwise entitled to. But if u deduct the monthly EMI / deductions for the loan sanctioned by the company then u can deduct EMI amount ONLY.
Hope this clarifies ur doubt.
Santosh
Dear Santosh, Thank you very much. One more clarification. Can we deduct LOP during the maternity leave with the concurrence of the concerned employee. Waiting for your reply. Regards,
From India, Madras
From India, Madras
Hi Vijay,
How would you want to effect LOP (I understand this as Loss of Pay) when the employee is on a maternity leave and is entitled to her regular pay? You can effect LOP after the completion of the maternity leave period. But in what scenario does this LOP appear?
Regards,
From India, Bangalore
How would you want to effect LOP (I understand this as Loss of Pay) when the employee is on a maternity leave and is entitled to her regular pay? You can effect LOP after the completion of the maternity leave period. But in what scenario does this LOP appear?
Regards,
From India, Bangalore
What do u mean by LOP??? Is it is loss of pay? For what reasons will you deduct?? Cencurence or Non Concurence, you cannot deduct for anyother thing! Santosh
Maternity benefit means 12 weeks leave. It is not really 12 weeks wages. The manner of providing the benefit is stated as money value of 12 weeks had she worked with the employer. Therefore, inorder to arrive at such money value we take 12 weeks wages. In the same manner, whatever she would earn had she worked shall be the maternity salary. This has to be paid in advance also. But many firms pay it in the form of salary every month.
The Maternity Benefit Act is does not say that it should be paid without deductions. Similarly, the Payment of Wages Act which regulates deductions from salary (section 7) is also silent in this respect. In fact, deduction of EPF will keep continuity of service. For employees covered by ESI Act, the question does not involve as to whether deduction is to be made because, an employee covered by ESI, the maternity benefit is paid by the ESI Corporation and not by the employer.
Regards,
Madhu.T.K
From India, Kannur
The Maternity Benefit Act is does not say that it should be paid without deductions. Similarly, the Payment of Wages Act which regulates deductions from salary (section 7) is also silent in this respect. In fact, deduction of EPF will keep continuity of service. For employees covered by ESI Act, the question does not involve as to whether deduction is to be made because, an employee covered by ESI, the maternity benefit is paid by the ESI Corporation and not by the employer.
Regards,
Madhu.T.K
From India, Kannur
Hi All!
I have one query reg Maternity Leave(ML) ..
after the lapse of ML,how long (no of days/months) an employee can avail an extension of her leave, which is obviously with Loss Of Pay leave. Is there any time period for extension of Maternity Leave.
Regards
Suchandra
From India, Calcutta
I have one query reg Maternity Leave(ML) ..
after the lapse of ML,how long (no of days/months) an employee can avail an extension of her leave, which is obviously with Loss Of Pay leave. Is there any time period for extension of Maternity Leave.
Regards
Suchandra
From India, Calcutta
Dear Suchandra
A leavewithout pay due to extention of maternity leave is fine. This depends on the health of the lady and the company policy. At times even a one yrs LOP is taken in a sabatical form (provided she is not employed any where else, an agrement is signed between her and the company) .
Thanks
Sonali
From India, Thana
A leavewithout pay due to extention of maternity leave is fine. This depends on the health of the lady and the company policy. At times even a one yrs LOP is taken in a sabatical form (provided she is not employed any where else, an agrement is signed between her and the company) .
Thanks
Sonali
From India, Thana
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Maternity Benefit is not Salary.docx
Creche under Maternity Benefit Act.pdf