shraddhapurandare
Hello everyone,
I need your suggestions regarding implementation of Maternity Benefit Act. This is the 1st case in our company so am not that much aware of this..
I have read the Act. According to that in the period of 12 weeks i.e. 3 months employee is entitled to get basic wages in our term salary. But does it mean whole salary including all allowances or just basic+ HRA??
Waiting for your valuable suggestions...

From India, Pune
Veerendra
1

HI Shraddha,
You need to pay all renumeration entitled to a woman employee. if the terms of the contract of employment,express or implied,were fulfilled or include DA,HRA and Incentives. wages do not include OT wages and employers contribution to any PF,Insurance fund.
Veerendra Kumbar :D

From India, Bangalore
Sushmaa
2

hi Shraddha,

The below information will help you in understanding the Maternity Benefit Act in detail:-

A female employee shall be entitled to maternity leave as per the Maternity Benefit Act 1961 or The Employee State Insurance Act 1948 as per the provisions of the Act applicable to her.

a) Subject to the provision of the Maternity Benefit Act, married female employees who have been in the continuous employment of the company for not less than 10 months prior to the date of commencement of Maternity Leave will be allowed maternity leave on full pay up to 12 weeks approximately 6 weeks before delivery and 6 weeks after, provided that she undertakes not to do any work outside her own home during these 12 weeks and that the confinement is certified by an approved medical practitioner. (shraddha, please remember that it is a legal compliance)

b) The applicant for maternity leave shall give notice to the company of her pending confinement not less than 8 weeks in advance supported by a medical certificate.

c) Maternity leave will be in addition to other leave facilities already in force.

d) No pay shall be due or payable in lieu of unavailed maternity leave.

e) No maternity leave shall be allowed under this Rule if and when the employee is covered under the E.S.I. Act. Female employees availing maternity leave will not be entitled for proportionate earned leave for the period of their maternity leave i.e. (12 weeks).

f) Female employees desirous to extend their maternity leave due to some reason; this extended absence will be deducted from their balance paid vacations. If the concerned employee does not have leave balance, the leave will be treated as leave without pay.

regds,

sushma


gyan_seek
6

Dear sushma, Your mail is very informative as well as covering the critical compliances issues one has to bear in mind. With regards, AM
From India
simrankhorana
Dear Sushma Does the Maternity nbenefir act apply to a service industry also? I would really appreciate if u could answer my querry at the earliest. Regards Simran
From Germany
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