Compliance/legal Team.
Payroll / Recrueting
Asst. General Manager - Hr
Jack Of All Trades
Human Resource Management Professional
Sarala Palapala
Sr. Hr Executive
+2 Others

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Dear experts:
According to my company's Maternity Leave Policy, my one month's salary will be retained before going on maternity leave along with a written commitment of continued service with the company for a year.
I wish to know if Maternity Leave Policy covers such a 'clause'. Does my company have the right to legally implement such a clause?
Please provide me with the right knowledge of it.
Thank you,

From India, Pune
Dear Kappu, Please find the attachments. May be helpful to you. Regards, M S V R K S.
From India, Bangalore

Attached Files
File Type: pdf THE_MATERNITY_BENEFIT__AMENDMENT__BILL__.pdf (12.9 KB, 1991 views)
File Type: pdf Maternity Benefit Act 1961.pdf (133.9 KB, 2792 views)

There is no such a clause in the MB Act 1961, and any policy designed by an organization which is against and contrary to the MB Act is illegal. regards, Kamal
From India, Pune
Dear KVE
The maternity leave policy as stated by you is patently illegal. If the Payment of Wages Act is applicable, then the company would be violating the provisions of the Act regarding the time of payment of wages.
With regards

From India, Madras
Dear all:
Thank you for your precious inputs.
After having addressed my concern in general to my boss and the HR Manager (i.e., I didn't mention about the illegality of this policy to my boss or the HR manager) I've been told that the HR policy cannot be waived off for anyone.
What are your further suggestions?
Once again thank you,

From India, Pune
Dear Mr.KVE
A policy which is contrary to the provisions of the law is not a policy at all. Probably the management wants to learn a lesson the hard way. My sincere wish is that better counsel prevails over the management, before they are hauled up by either the Courts or the State Human Rights Commission or the State Womens Commission.

From India, Madras
If your management is that rigid and happy with their policy which is contrary to the provisions of law, then you should tell them about their statutory obligations in black and white with all legal aspects and provisions of MB Act.
From India, Pune
Really surprise to read a policy for the first time which benefits the company
First we being human we must acknowledge the truth that life is too precious and maternity is a blessed time for a child to grow Maternity leave is a must and the MB act is for people to think and act human
if a company forms such a rule it needs to be addressed with top management if not with the Women and Human rights cell
retaining the salary of an employee who is to go for leave is unacceptable as whether you earn well or not one needs money during that time the people need to be human.
Life is complicated you will receive what you give away. its a pay back in all we do moreover all of us go through this part in our family.
I think our seniors would guide well to take it further

From India, Madras
1. Is the company not giving you maternity leaves?
2. It seems like they are asking a retention amount & a written commitment frm you to join back after 3 months of leaves
3. They are probably asking for a bond like few companies ask for a bond during joining.
4. How is this bond related to maternity benefit act?
5. What in the maternity benefit act they are violating? you must be definetly in a ITEs or an IT company whr such bond thing comes
6. you mentioned they will retain a months sal before you go on leave, are they withhelding the salary or is it in installments tht you can pay?

From China
Dear Ms.Pratibah

Please see section 6(5) of the Maternity Benefit Act. This sub section specifically says that the amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on production of such proof as may be prescribed that the woman is pregnant, and the amount due for the subsequent period shall be paid by the employer to the womann within forty eight hours of production of such proof as may be prescribed that the woman has been delivered of a child. Acccording to section 6(6) of the MB Act, the failure to give notice under section 6 will not disentitle a woman to maternity benefit. The law is very clear,excepting for the want of proof of pregnancy and/or the want of proof of delivery of the child, the employer cannot refuse to give maternity benefit. Any other condition imposed by the employer for the payment of the maternity benefit, is per se illegal and actionable. May be that no one would come forward to initiate action against the erring employer. Retention of one month's salary is also illegal per se as the employer is violating the appointment order which is nothing but a contract. In case the Payment of Wages Act is applicable, the employer would have violated that Act also.

With regards

From India, Madras

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