If employee is design engineer, maternity paid leave is be to calculated as per CTC per month ? that is full paid leaves? bhaumik modi -baroda
From India, Vadodara
From India, Vadodara
As per Maternity Benifit Act 1961,
“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
allowance) as a woman is for the time being entitled to;
(2) incentive bonus; and
(3) the money value of the concessional supply of foodgrains and other
articles,
but does not include –
(i) any bonus other than incentive bonus;
(ii) overtime 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;
From India, Lucknow
604“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
allowance) as a woman is for the time being entitled to;
(2) incentive bonus; and
(3) the money value of the concessional supply of foodgrains and other
articles,
but does not include –
(i) any bonus other than incentive bonus;
(ii) overtime 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;
From India, Lucknow
Basic=9000 HRA=3600 Travel allowance=800 Education allowance=800 Medical reimbursement =1250 special allowance =9020 LTA=1000 Total= 25470 per MONTH All will be counted towards Maternity Paid leave?
From India, Vadodara
From India, Vadodara
thanks for your reply PON and HARSHAD..
if she is entitled for 56 days of maternity leave then how much she should be paid?
if ctc per month is 25470
will it be 25470 X 56/26
or
25470 X 56/30
or
25470 X 56/31
quick reply is needed as we have meeting with company management today.
From India, Vadodara
if she is entitled for 56 days of maternity leave then how much she should be paid?
if ctc per month is 25470
will it be 25470 X 56/26
or
25470 X 56/30
or
25470 X 56/31
quick reply is needed as we have meeting with company management today.
From India, Vadodara
Dear Bhaumik,
you have to pay six weeks average pay before the delivery & six weeks average pay after delivery.
As for as nos of day in months is concern you have to take the days with which the month is comprie.
But in this case you can take no. of days 30. Because we generaly take 30 days throughout the year for the calculation of OT for workers.
So here you can take it as general case.
Regards
Amit
From India, Shahkot
you have to pay six weeks average pay before the delivery & six weeks average pay after delivery.
As for as nos of day in months is concern you have to take the days with which the month is comprie.
But in this case you can take no. of days 30. Because we generaly take 30 days throughout the year for the calculation of OT for workers.
So here you can take it as general case.
Regards
Amit
From India, Shahkot
Dear Mr.Amit, Mr. pon has saying 30.41 days but generlly we are devided by 30 days,is it correct. Kindly give your openion to solve our problem. Thanks Sameer K Ghosh
From India, Daman
From India, Daman
The practice defers from Company to Company. Act suggests full payment for 12 weeks, translating that will become 84 days. Now, how you calculate 84 days in differed from Company to Company. Including weekly offs and Sundays are excluding weekly offs and Sundays. However, the amount to be paid in full as she was present and working.
From India, Hyderabad
From India, Hyderabad
Maternity leaves details has to defined in leave policy rules will vary company to company. but as per the low Maternity leaves will not more than 90 days.
It can be calculated
The payment value for the 90 days will be calculated on the basic salary of the employee only and ESIC employees are not paid by company they will claim to ESIC.
From India, Mumbai
It can be calculated
The payment value for the 90 days will be calculated on the basic salary of the employee only and ESIC employees are not paid by company they will claim to ESIC.
From India, Mumbai
Furthermore,
my wife is entitled for 56 days maternity leave. Company agreed earlier for the payment 56 days leave. And have paid Rs 43542 for the same. But since my wife has left the company from 1 st of march they have not cleared till date her February month 12 days salary for which she had worked for. they have also not cleared her leave and bonus and other dues.
Now they are saying we have paid excess for maternity leave which will be adjusted in yr settlement. They are arguing that as per maternity act you will get only Basic+DA+HRA only. Rest of the thing wont be counted.
my question is how come they now say that we have paid excess for the maternity leaves at the time of settlement. They gave 43542 as per CTC (lesser then CTC rather)
Is there any provision by law for the employer that they cant hold anyone's salary.
Please help us to approach further.
From India, Vadodara
my wife is entitled for 56 days maternity leave. Company agreed earlier for the payment 56 days leave. And have paid Rs 43542 for the same. But since my wife has left the company from 1 st of march they have not cleared till date her February month 12 days salary for which she had worked for. they have also not cleared her leave and bonus and other dues.
Now they are saying we have paid excess for maternity leave which will be adjusted in yr settlement. They are arguing that as per maternity act you will get only Basic+DA+HRA only. Rest of the thing wont be counted.
my question is how come they now say that we have paid excess for the maternity leaves at the time of settlement. They gave 43542 as per CTC (lesser then CTC rather)
Is there any provision by law for the employer that they cant hold anyone's salary.
Please help us to approach further.
From India, Vadodara
Dear Sirs
Assuming that the Maternity Benefit Act is applicable to the establishment and the employee in question, the following extract of the judgment of the Honourable Supreme Court of India is applicable in deciding the quantum of maternity benefit.
The Honourable Supreme Court in B.Shah vs Labour Court and others reported in 1977 (35) FLR 414 has held that computation of maternity benefit has to be made for all the days including Sundays and rest days which may be wageless holidays comprised in the actual period of absence of the woman extending upto six weeks preceding and including the date of delivery as also for all the days falling within the six weeks immediately following the day of delivery thereby ensuring that the woman worker gets for the said period not only the amount equalling 100 percent of the wages which she was previously earning in terms of section3(n) of the Act but also the benefit of the wages for all the Sundays and rest dayts falling within the aforesaid two periods which would ultimately be conducive to the interest of both the woman worker and bher employer.
From India, Madras
Assuming that the Maternity Benefit Act is applicable to the establishment and the employee in question, the following extract of the judgment of the Honourable Supreme Court of India is applicable in deciding the quantum of maternity benefit.
The Honourable Supreme Court in B.Shah vs Labour Court and others reported in 1977 (35) FLR 414 has held that computation of maternity benefit has to be made for all the days including Sundays and rest days which may be wageless holidays comprised in the actual period of absence of the woman extending upto six weeks preceding and including the date of delivery as also for all the days falling within the six weeks immediately following the day of delivery thereby ensuring that the woman worker gets for the said period not only the amount equalling 100 percent of the wages which she was previously earning in terms of section3(n) of the Act but also the benefit of the wages for all the Sundays and rest dayts falling within the aforesaid two periods which would ultimately be conducive to the interest of both the woman worker and bher employer.
From India, Madras
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Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf
Maternity Leave Policy - posting.doc