Can someone help me with the New Maternity Benefits Amendment. How many days paid leave an employee is eligible during Maternity break?
From India, Chennai
From India, Chennai
There is the opinion that the Maternity Benefit Act, 1961 and its amended version of Maternity Benefit (Amendment) Act, 2017 is strictly applicable ONLY to employees of those institutions which are either administered by the Government or are funded by the Government or of semi-governmental nature. As per this opinion, it is not clearly mentioned in the 1961 Act itself that it is applicable equally to purely private institutions!
Can any of our legal experts show a clear reference in the 1961 Act where it is mentioned that it is equally applicable to the Government and purely private sector? Especially, is it mentioned anywhere that the purely private sector institutions are bound to give their employees six months leave with pay (as per the Amended Act), or is it enough for the private sector to grant the leave but without pay?
If the Act insists that the leave should be with pay, the private institution will have to pay twice for the same amount of work; as the employer has to find a substitute and pay her till the person on leave rejoins. And at the same time, he has to pay also for the one who enjoys the six months' leave.
Xavi.
From India, Chandigarh
Can any of our legal experts show a clear reference in the 1961 Act where it is mentioned that it is equally applicable to the Government and purely private sector? Especially, is it mentioned anywhere that the purely private sector institutions are bound to give their employees six months leave with pay (as per the Amended Act), or is it enough for the private sector to grant the leave but without pay?
If the Act insists that the leave should be with pay, the private institution will have to pay twice for the same amount of work; as the employer has to find a substitute and pay her till the person on leave rejoins. And at the same time, he has to pay also for the one who enjoys the six months' leave.
Xavi.
From India, Chandigarh
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