Under the Employment Act, an employer is required to continue paying an employee her usual salary at the monthly gross rate of pay for the first eight weeks of maternity leave if:
The employee has been employed for at least 90 days before the date of delivery
The employee has less than two children of her own at the time of delivery. In the case of multiple births (e.g. twins, triplets etc) during the first pregnancy, the employer is still required to pay eight weeks of maternity leave for the next pregnancy
The employee has given her employer at least one week's notice before going on maternity leave, and informed her employer as soon as practicable of her delivery. Otherwise, the employee is only entitled to half the payment during the maternity leave, unless she can show sufficient cause that prevented her from giving such notice to the employer.
If the employee qualifies for Government-paid Maternity Leave under the Child Development Co-Savings Act, she will be paid by the employer during the entire 16 weeks of maternity leave, regardless of the birth order of the child. The employer may later claim reimbursement from the Government for the last eight weeks for the first and second confinements and all 16 weeks for the third or subsequent confinements.
If the employee does not qualify for maternity leave under the Child Development Co-Savings Act, payment beyond the first eight weeks is voluntary and subject to contractual agreement.
Need your help in this area.
If employee does not complete one year of service then also benefits are applicable?
Our solicitor says that this condition of 80 days not to be seen in first year and employee must complete one year in service for maternity benefit . Language of the act is quite ambiguous.
He says if someone joins on 1st Feb and delivers on 1st May , how can maternity benefit be paid just because 80 days are completed . While employee worked for just 80 days and got benefit of 84 days?
Now what can be said by me when the Maternity Benefit Act, 1961 says like this that the employee becomes eligible for maternity leave for 84 days if she works for 80 days in the establishment. We are to adhere to the Act. For more clarification you can contact the law enforcement agency.
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(Labour Law Consultants) (M) 09810405361
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