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Thread Started by #peonka_b

Hi All,
I am working in an IT company. This is the first time that someone is taking maternity leaves in my office. I have read the Maternity benefit act where it is written that at the time on these leaves, the employee needs to be paid at the rate of "average daily wage". I want to know what does this "wage" actually mean. Does it mean only basic pay? Or other allowances also need to be paid?
Our salary break up includes basic, HRA, medical allowance, conveyance allowance and special allowance. Which all components need to be paid during the 12 weeks maternity leave.
I want to know what does the maternity benefit act say.
Also you can let me know what is practiced in your company, as i know that not all private companies follow this law.
Please help, its a bit urgent.
4th May 2009 From India, Delhi
Hi Peonka,
If the member falls under ESIC then "Wages" means all remuneration paid or payable in cash to a woman, if the terms of the contract of employment, express or implied, were fulfilled and includes-

(1) such cash allowances (including dearness allowance and house rent allowance) as a woman is for the time being entitled to,

(2) incentive bonus, and

(3) the money value of the concessional supply of food grains and other articles, but does not include-

(i) any bonus other than incentive bonus;
(ii) over-time earnings and any deduction or payment made on account of fines;
(iii) any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the woman under any law for the time being in force; and
(iv) any gratuity payable on the termination of service;

But incase the member does not fall under ESIC then during the maternity leave she would get her full salary (for 3 mths)
Attached some docs for your assistance
4th May 2009 From India, Madras

Attached Files
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File Type: pdf Maternity Benefit - claim.pdf (59.8 KB, 9123 views)
File Type: ppt The_Maternity_Benefit_Act__1961.ppt (38.5 KB, 4465 views)
File Type: doc Right to payment of maternity benefits.doc (29.0 KB, 4972 views)

dear peonkasangeeta has rightly said and forwarded a good collection. she is entitle of 84 days maternity leave with full salary. tks j s malik
4th May 2009 From India, Delhi
Dear Sangeeta,
Thanks for the information shared. I am Srinivas working as a HR in an IT company.
When the employee is paid maternity benefits.. like her full monthly salary for 3 months, do u need to deduct PF from her salary.
What happens to the Employer's PF contribution? does the employer needs to pay?
What if the employee want to extend her maternity leave (after 12 weeks) due to medical reasons.. like weekness..
6th May 2009 From India, Mumbai
employer has to pay contribution 12% .it is a leave and full salary is to be prepared
so PF to be deposited.
regarding extension of leave it is management choice to sanction or not to sanction.
j s malik
6th May 2009 From India, Delhi
If leave is extended beyond 12 weeks and the employee wants further 4weeks leave . The company is agreed for leave without pay . My question is what will have to be done for PF . will it be paid at 12% of monthly salry . or not . Note the employee will still be on rolls .
13th May 2009 From India, Bangalore
My company says they will only pay basic and HRA + Rs. 250 medical bonus. Their justification is that she is entitled to only "average daily wages" which includes the above only and not medical allowance, conveyance allowance and special allowance. Please advice.
28th January 2010 From India, Bangalore
Could u plz clear me the maternity items.
1.Who Have covered under maternity
2.Person without ESIC whether she is eligible?
3.For getting this benefit how many days we have to rendered our serve for the compamy?
14th August 2012 From India, Madras
I am working as HR amanger in an IT company. One of our employee is going to avail Maternity leave from 1st of March 2013. Her salary increment is due in April 2013. My question is which salary has to be paid during the 3 months maretrnity leave ( old salary or the new salary).
Please do guide me immediately.
Thanks & Regards
8th February 2013 From India, Pondicherry
Request you to kindly assit me with the query mentioned below:
If an employee does not fall under ESIC for Maternity Leaves, then is she eligible for her performance incentives (variable component) apart from her Fixed Salary.
24th April 2013 From India, Mumbai
Hi all,
I would like to know the pay during maternity period. As per our company policy 90 days maternity leave is allowed to avail. One of our employees availed the maternity leave, she was on leave from December onwards.
Salary structure of 41000
24600 Basic+DA
8200 HRA
800 Conveyance
1250 Medical Allowance
6150 Other all
Her monthly CTC is 41000 I am bit confused about the maternity payment as the previous HR in my company used to pay only the basic + DA (90 days- Maternity leave payment) to the employee after the maternity leave. I would like to the calculation which should be followed by an IT company in Kerala
25th February 2015 From India, New Delhi
I found that the salary is paid by ESIC department and not by the company. ESIC has their own processes which employer and employee must know. My small concern is - Is the salary of maternity period is paid in "one go" or "deferred" or "any other mechanism"?
3rd August 2015 From India, Ludhiana
Dear All, any employee join the company before three months and she will go for maternity leave. is she is eligible for maternity leave.
3rd May 2017 From India, Gurgaon
Dear Sir,
Subject:- Applicability of Maternity Benefits (Amendments) Act, 2017 to women employees who are covered under Employees State Insurance Act, 1948
What is the definition of Wages under ESI Act for checking Rs.21000/- threshold limit (CTC these days comprises of Basic+DA+HRA+Commuting Allowance+Medical Allowance+Special Allowance+PF Cont^+ESI Cont^+Insurance cost if any)
Will full Salary in hand will be paid during maternity leaves and if yes, who will pay Employer or ESI department? What is the definded procedure for claiming this?
What is the definition of "the average daily wage for the period of a worker's actual absence from work"
Facility of Creche and provision of work from home is not available?
17th January 2018 From India, Gurgaon

Attached Files
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File Type: pdf Advisory.pdf (122.7 KB, 241 views)

If a woman is going for 3rd child maternity leave, how many days leave and what amount she will get from her employer.
if it is Basic of salary (per day wages) *leave days ?
or gross salary (per day wages)*leave days?
kindly reply
2nd November 2018 From India, Ahmedabad
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