Please suggest, if, any pregnant woman is proceeding on Mat leave, will she be entitled for her Ex-Gratia payment of that period.
From India, Pune
From India, Pune
Bonus to be paid for Maternity Leave Days under Maternity Benefit Act
14. Computation of number of working days.—For the purposes of section
13, an employee shall be deemed to have worked in an establishment in any
accounting year also on the days on which--
(a) he has been laid off under an agreement or as permitted by standing
orders under the Industrial Employment (Standing Orders) Act, 1946
(b) he has been on leave with salary or wage;
(c) he has been absent due to temporary disablement caused by accident
arising out of and in the course of his employment; and
(d) the employee has been on maternity leave with salary or wage, during
the accounting year.
From India, Pune
46714. Computation of number of working days.—For the purposes of section
13, an employee shall be deemed to have worked in an establishment in any
accounting year also on the days on which--
(a) he has been laid off under an agreement or as permitted by standing
orders under the Industrial Employment (Standing Orders) Act, 1946
(b) he has been on leave with salary or wage;
(c) he has been absent due to temporary disablement caused by accident
arising out of and in the course of his employment; and
(d) the employee has been on maternity leave with salary or wage, during
the accounting year.
From India, Pune
I think Prashant has misinterpreted the question. The question seems to be like whether an employee on maternity leave will be entitled to get any ex-gratia payment or not. I would say that an employee on any kind of leave will be eligible to get only the fixed portion of the remuneration and should not claim any ex gratia or incentive or commission which are actually earned only while on duty. This is because, her efforts to generate the revenue, which the company gets, on the basis of which the exgratia is paid, is absolutely nil during her leave days and as such she cannot demand that. At the same time, if this ex- gratia is a fixed sum payable as per terms of employment and forming part of her salary or remuneration, it should also be paid. Please see that the definition of Wages includes incentives also.
If she has not started her leave yet but is about to go for maternity leave, then she will be eligible for all allowances. You can not deny the ex gratia just on the ground that she is pregnant.
If there is any travelling expenses reimbursement, that will also be out of purview of any salary payable during leave days.
Madhu T K
From India, Kannur
If she has not started her leave yet but is about to go for maternity leave, then she will be eligible for all allowances. You can not deny the ex gratia just on the ground that she is pregnant.
If there is any travelling expenses reimbursement, that will also be out of purview of any salary payable during leave days.
Madhu T K
From India, Kannur
Please post it as a separate thread by starting a new discussion so that you can have contributions from others who are interested to share inputs on Industrial Disputes and Bonus matters. Madhu T K
From India, Kannur
From India, Kannur
The definition of Ex-Gratia payment in the instant case is not defined properly. It may please be noted that " Women employed in any establishment " are eligible for the payment of wages, during her leave period under Maternity Benefit Act 1961.
Usually Ex-Gratia is paid to Officers or employees in lieu of the Bonus.
As per Payment of Bonus Act 1965 Section 13-
Proportionate reduction in bonus in certain cases.—Where an employee has not worked for all the working days in an accounting year, the minimum bonus of one hundred rupees or, as the case may be, of sixty rupees, if such bonus is higher than 8.33 per cent, of his salary or wage for the days he
has worked in that accounting year, shall be proportionately reduced.]
14. Computation of number of working days.—For the purposes of section 13, an employee shall be deemed to have worked in an establishment in any accounting year also on the days on which--
(a) he has been laid off under an agreement or as permitted by standing
orders under the Industrial Employment (Standing Orders) Act, 1946
(b) he has been on leave with salary or wage;
(c) he has been absent due to temporary disablement caused by accident arising out of and in the course of his employment; and
(d) the employee has been on maternity leave with salary or wage, during the accounting year
In this case, the conditions for payment of Ex-gratia is not defined in the particular establishment, there fore it may not be correct to elaborate much.
How ever the the provisions of Laws related to status of leave-wages on maternity leave and the Bonus payable for the maternity leave period is cited for reference.
In Karnataka power Distribution/Transmission companies- Officers are paid Ex-gratia of 8.33% of the Pay subject to maximum of ceiling limit and even the women officers who have enjoyed the maternity leave are also being paid, since no special conditions are laid out for the payment of the benefit.
From India, Bangalore
Usually Ex-Gratia is paid to Officers or employees in lieu of the Bonus.
As per Payment of Bonus Act 1965 Section 13-
Proportionate reduction in bonus in certain cases.—Where an employee has not worked for all the working days in an accounting year, the minimum bonus of one hundred rupees or, as the case may be, of sixty rupees, if such bonus is higher than 8.33 per cent, of his salary or wage for the days he
has worked in that accounting year, shall be proportionately reduced.]
14. Computation of number of working days.—For the purposes of section 13, an employee shall be deemed to have worked in an establishment in any accounting year also on the days on which--
(a) he has been laid off under an agreement or as permitted by standing
orders under the Industrial Employment (Standing Orders) Act, 1946
(b) he has been on leave with salary or wage;
(c) he has been absent due to temporary disablement caused by accident arising out of and in the course of his employment; and
(d) the employee has been on maternity leave with salary or wage, during the accounting year
In this case, the conditions for payment of Ex-gratia is not defined in the particular establishment, there fore it may not be correct to elaborate much.
How ever the the provisions of Laws related to status of leave-wages on maternity leave and the Bonus payable for the maternity leave period is cited for reference.
In Karnataka power Distribution/Transmission companies- Officers are paid Ex-gratia of 8.33% of the Pay subject to maximum of ceiling limit and even the women officers who have enjoyed the maternity leave are also being paid, since no special conditions are laid out for the payment of the benefit.
From India, Bangalore
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