Maternity Leave Policy Format for the benefit of members - Doc Download - CiteHR
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Dear Folks,
need your views on below mentioned details,
1. If the employee is under maternity benefits, we have to pay PF or Not...?
2. how the employee can avail maternity leaves...? before maternity few month or after maternity few, if there is any rule specified for these..?
please clarify
kowshik
8939805220
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When we pay salary we should contribute to PF also. It is immaterial whether the employee is on earned leave or casual leave or any other leave including maternity leave.
With the amendment making the maternity leave 26 weeks, the number of days or weeks the leave shall precede the date of delivery has become 8 weeks. Therefore, the maximum leave admissible before child birth is 8 weeks out of 26 weeks total maternity leave. It is also to be noted that a woman employee can take the entire 26 weeks leave after delivery also.
Madhu.T.K
Hi All, Does the company needs to have a maternity policy in place or else the maternity act shall only suffice. Please guide.
1. Dear member, I think, there is no statutory law which forces any company or establishment to formulate its Maternity policy separately. A company, so far as, I understand, may formulate or not it is their own sweet discretion.
2. The Maternity Benefit Act, 1961 or the ESI Act, 1948 are applicable by virtue of its having force of statutory Acts and non-compliance of the said Acts is punishable including interests and damages etc. are also leviable for delayed payments in respect of contribution under ESI Act.
3. Maternity policy, if formulated by the company/employer and if the same is violative of any statutory provisions of any Acts or any law in force including as mentioned above, the said policy will be void ab initio.
i want to know whether probation period gets extended after taking maternity leave. kindly tell.
It depends upon the job and the company policy. Normally probation is the period required for an employee to learn the various aspects of the job and depending upon the nature of the job probation can be 6 months, one year or even two or three years. Various court rulings support that a probationer will become a confirmed employee only when he is confirmed in writing and till that communication reaches him he will continue to be a probationer. Again an employer has every right to extend probation if he is not happy with the performance of the employee. Moreover, the period of leave is not a few days but it is 26 weeks. Therefore, there is nothing wrong in extending the probation of an employee who takes maternity leave and proceeds on leave for 26 weeks.
Dear Mr. Madhu Does the same rule on maternity leave apply for employees of NGO. Please clarify
It applies to all factories (irrespective of the number of workers employed) and shops and commercial establishments employing 10 or more employees (need not necessarily be 10 or more women employees but it can be 9 men and just one woman). In order to know whether you NGO will all under the definition of commercial establishment you have to see what are the activities you do, whether you have any business activity whereby you generate an income, whether you people are being paid salary with PF and ESI coverage etc.
Need to know what is the notice period employee has to serve after maternity
The same as mentioned in the appointment order! Why this doubt?
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