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GiriKL
4

Dear Seniors, Can you please clarify the below doubts:
1. Is an employee on maternity leave eligible for bonus during those leave period.
2. Can we deduct any outstanding amounts of resigned employees from their bonus amount. Will this lead to any legal issues.

From India, Bangalore
GiriKL
4

Dear Friends, I have not received any reply for my query. Is my question vague or not clear. Please help!!!! Giri
From India, Bangalore
avinash-babbi1
15

Dear Mr. Giri ,
The point which has been raised by you is not clear which bonus are you talking about ?
I am responding on the following assumption :
(A) Medical Bonus under Maternity Benefit Act , 1961
(B) Bonus as per Payment of Bonus Act 1965
Assumption A :- If employer is not providing any medical care to the women employee , than the employer is liable to pay a medical bonus of Rs. 1000 is payable along post deliver maternity benefit.A women to be eligible for maternity benefit should have worked for a minimum period 80 days in preceeding 12 months including weekly holidays.
Assumption B : Bonus under payment of bonus act is payable by the employer , when an employee has worked for a minimum period of 30 days in last accounting year .Authorised deduction are permissible under the act if employee has caused any financial loss to the employer viz. damage of property , fraud , theft etc .

From India, Rohtak
GiriKL
4

Thank you Avinash,

My query was regarding Bonus paid under payment of Bonus act. Your answer clarifies my question 2 – Thanks a lot for the info.

With regard to my question 1. – This is again regarding the Bonus paid under payment of bonus act. If the employee is on her maternity leave should we pay Bonus for that period or that particular month.

From India, Bangalore
avinash-babbi1
15

Dear Mr. Giri,
Proportionate deduction for period of maternity leave be done from the statutory bonus payable.The logic being is that the employer already incurrs a financial liablity by paying a gross salar of 84 days, though the employee has not actually worked for that period.Hence employer cannot be put under any more financial burden for making payment for not actually worked days .Hence Proportionate deduction be done from the statutory bonus payable.

From India, Rohtak
Divya Chowdary Y
Hello Avinash,
Have a small doubt regarding the medical bonus...when is the medical bonus paid to the employee that is before going to the maternity leave or during the maternity leave or after the maternity leave. As i am going for maternity leave when shall i receive the medical bonus


R.N.Khola
363

Dear Member,
According to the MB Act, 1961 & the Rules made thereunder the employer is to pay amount of medical bonus along with 2nd installment. This amount is to be paid within 48 hours of production of proof that the woman has been delivered a child.
With Regards,
R N KHOLA

From India, Delhi
malikjs
167

Dear
The maternity leave given under maternity benefit act ie 12 weeks leave is just like annual leave or casual leave.so the salary earned during that period will be taken into consideration while calculating bonus under bonus act but if someone is covered under ESI than maternity benefit is paid by ESI, so the leave is also given by ESI and candidate bonus will not be calculated for that poeriod

From India, Delhi
yogesh panwar1
1

Dear sir i have few points regarding annual & half yearly return under factories act in uttar pradesh, please clear
1.Whether it is also necessary to give the details of the contractor in the Annual Rectangle of the Factory Act,
It only involves giving details of personnel or for personnel and staff
Is it necessary to fill both annual and half yearly rations
Who has to send the contractor's ration

From India, Belgaum
Vijendra Kumar Sharma
1) If employee is on maternity leaves ( Annual bonus/deepawali bonus) will be paid for leave period) 2) Once full & final settled than No deduction will be from employees. vks
From India, Noida
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