Maternity Leave In India - Labour Commissioner
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Maternity Leave In India - Labour Commissioner

bvasanthi Started The Discussion:

Dear All,
can anyone tell me the maternity leaves rules for private concerns in india.As per our company rules, no salary during the maternity leave.
In case , salary is less than 10,000 , they will come under the ESI act.
Those who are getting the salary above 10,000 ,will not get the salary.
Is it true.? Please Help me.

malikjs - Member Since: Nov 2007
dear
your company is doing against the law.as per maternity benefit act 1961 every employee who is not covred under ESI are entitle for 12 weeks leave with wages provided she has 80 days service in your company.
regards
js malik



Quote:
Originally Posted by bvasanthi View Post
Dear All,
can anyone tell me the maternity leaves rules for private concerns in india.As per our company rules, no salary during the maternity leave.
In case , salary is less than 10,000 , they will come under the ESI act.
Those who are getting the salary above 10,000 ,will not get the salary.
Is it true.? Please Help me.

R.N.Khola - Member Since: Feb 2009
Dear

You may approach the law enforcing agency i.e. the area labour office of your area.

Regards,

R.N.Khola
Sr. Associate
Skylark Associates, Gurgaon (Haryana)
(Labour Law & Legal Consultants)
09810405361

bvasanthi - Member Since: Aug 2009
thank you so much...

I have one more doubt.. Is the company should pay the full wages during the maternity period ? .. for example ,
If the employee salary is 12000 per month then, the company will pay the full wages(basic,DA,HRA,PFand other allowances) or only the basic pay ..

R.N.Khola - Member Since: Feb 2009
Dear

The employed woman who is entitled to have maternity benefit will be getting full wages during her leave period.

Regards,

R.N.Khola
Sr. Associate
Skylark Associates, Gurgaon (Haryana)
(Labour Law & Legal Consultants)
09810405361

g_venky - Member Since: Jan 2009
Hi, You have to pay her wages of 12 weeks if not covered under ESIC provided she has rendered at least 80 days service in the company. Regards, G. Venkat

G.CHANDRAMOHAN - Member Since: Jul 2008
Please clear my doubt (ei ) i am working for a garment industries which area is not covered under esi act will i get matrinity benifit if so how ...

R.N.Khola - Member Since: Feb 2009
Dear G.CHANDRAMOHAN,

You will be entitle to have maternity benefit according to the Maternity Benefit Act, 1961 & the Rules of your State.

Regards,

R.N.Khola
Sr. Associate
Skylark Associates, Gurgaon (Haryana)
(Labour Law & Legal Consultants)
09810405361

pon1965 - Member Since: May 2009
I think you did not understand the maternity benefit act. 12 weeks paid leave will be granted by the company for female employees for child delivery. I am unable to understand your "claim" query.

R.N.Khola - Member Since: Feb 2009
Dear G. Chandramohan,

For claiming maternity benefit you are to serve notice under section 6 of the Maternity Benefit Act, 1961 in the format as prescribed in your State Rules along with the certificate of the doctor regarding pregnancy on you employer.
Regards,

R.N.Khola
Sr. Associate
Skylark Associates, Gurgaon (Haryana)
(Labour Law & Legal Consultants)
09810405361




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