Our employee was taken maternity leave for six months. We have paid 5 months salary. And we have held her 6th month salary. Shall we pay the 6th month salary after she comes to work and completes one month. Is there any laws for this or we have to pay in exact month
From India, Bengaluru
3From India, Bengaluru
Dear Udhay,
Your query relates to section 6(5) of the Maternity Benefit Act, 1961 which may be read as under.
Sec. 6. Notice of claim for maternity benefit and payment thereof.
Sub sec. (5) The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on production of such proof as may be prescribed that the woman is pregnant, and the amount due for the subsequent period shall be paid by the employer to the woman within forty-eight hours of production of such proof as may be prescribed that the woman has been delivered of a child.
From the above it is clear that we are required to pay the amount due for the subsequent period within forty-eight hours of production of such proof as may be prescribed that the woman has been delivered of a child. In this position you are not in a position to hold the salary of six month.
R N KHOLA
From India, Delhi
Your query relates to section 6(5) of the Maternity Benefit Act, 1961 which may be read as under.
Sec. 6. Notice of claim for maternity benefit and payment thereof.
Sub sec. (5) The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on production of such proof as may be prescribed that the woman is pregnant, and the amount due for the subsequent period shall be paid by the employer to the woman within forty-eight hours of production of such proof as may be prescribed that the woman has been delivered of a child.
From the above it is clear that we are required to pay the amount due for the subsequent period within forty-eight hours of production of such proof as may be prescribed that the woman has been delivered of a child. In this position you are not in a position to hold the salary of six month.
R N KHOLA
From India, Delhi
Dear Team,
I need your advise under the amendment in maternity, wherein the maternity leaves have been extended from 12 weeks to 24 weeks. we have adopted the same policy in our company as well. But Need guidance for the payment under the maternity act.
Do we have to pay the full salary for the 6 months leave to the employee going on maternity or is it the half pay.
also do we have to include the tax free reimbursement in the salary payment to the employee.
Regards,
Ruchika
From India, Delhi
I need your advise under the amendment in maternity, wherein the maternity leaves have been extended from 12 weeks to 24 weeks. we have adopted the same policy in our company as well. But Need guidance for the payment under the maternity act.
Do we have to pay the full salary for the 6 months leave to the employee going on maternity or is it the half pay.
also do we have to include the tax free reimbursement in the salary payment to the employee.
Regards,
Ruchika
From India, Delhi
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