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.

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

From India, Madras

Attached Files
File Type: pdf Maternity Benefit - claim.pdf (59.8 KB, 9543 views)
File Type: ppt The_Maternity_Benefit_Act__1961.ppt (38.5 KB, 4679 views)
File Type: doc Right to payment of maternity benefits.doc (29.0 KB, 5272 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
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..

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

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 .

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.

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?

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

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.

From India, Mumbai

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