Dear All,
can anyone tell me the maternity leaves rules for private concerns in india.As per our company rules, no salary during the maternity leave.
In case , salary is less than 10,000 , they will come under the ESI act.
Those who are getting the salary above 10,000 ,will not get the salary.
Is it true.? Please Help me.

17th August 2009 From India, Madras

Harsh Kumar Mehta
Consultant In Labour Laws/hr
Labour Laws & Ir
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your company is doing against the law.as per maternity benefit act 1961 every employee who is not covred under ESI are entitle for 12 weeks leave with wages provided she has 80 days service in your company.
js malik

17th August 2009 From India, Delhi
Dear You may approach the law enforcing agency i.e. the area labour office of your area. Regards, R.N.Khola (Labour Law & Legal Consultants) 09810405361
17th August 2009 From India, Delhi
thank you so much...
I have one more doubt.. Is the company should pay the full wages during the maternity period ? .. for example ,
If the employee salary is 12000 per month then, the company will pay the full wages(basic,DA,HRA,PFand other allowances) or only the basic pay ..
19th August 2009 From India, Madras
Dear The employed woman who is entitled to have maternity benefit will be getting full wages during her leave period. Regards, R.N.Khola (Labour Law & Legal Consultants) 09810405361
19th August 2009 From India, Delhi
Hi, You have to pay her wages of 12 weeks if not covered under ESIC provided she has rendered at least 80 days service in the company. Regards, G. Venkat
19th August 2009 From India, New Delhi
Please clear my doubt (ei ) i am working for a garment industries which area is not covered under esi act will i get matrinity benifit if so how ...
22nd August 2009 From India, Coimbatore
Dear G. Chandramohan,
For claiming maternity benefit you are to serve notice under section 6 of the Maternity Benefit Act, 1961 in the format as prescribed in your State Rules along with the certificate of the doctor regarding pregnancy on you employer.

(Labour Law & Legal Consultants)

24th August 2009 From India, Delhi
Dear All,
My HR Manager says,
Due to the company's bad financial situation, the management is not able to pay the salary during my maternity leave.so they are forcing me to resign my job now. They are not giving anything in written or not comunicating through the mail. Till now, they are telling everything orally.
I am helpless. Please help me what to do next?
My company is located at Mylapore,Chennai.
Please tell me , who is the right person to contact regarding this. and where is labour office in chennai ?.
11th September 2009 From India, Madras
Every woman who is in continuous employment for a period of six months with the same employer whether in the same or different commercial establishments will be entitled to maternity benefit.

Total Leave duration shall be six weeks immediately preceding the day of delivery and following the day of; such maternity benefit and in such manner as may be prescribed

Provided that, no women employee shall be entitled to receive such benefit for any day during any of the aforesaid periods, on which she attends work and receive wages thereof.

The payment of a maternity Benefit accruing to a woman employee shall be made to her at any time not later than one week after receipt of intimation in writing about the date of her delivery.

Payment inrespect of claim of maternity benefit shall be made by the employer to the women employee concerned or to a person authorised by her in writing

However no women employee having more than two children shall be eligible for maternity benefit.-

This leave policy regarding the availing of privilege leave and carrying forward of leave to the following year will also apply to employees on maternity leave/extended sick leave.
20th January 2010 From India, Hyderabad

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