I am working in an MNC in Chennai and currently in the process of applying for my maternity leave. I have learned from my organization that my annual leave entitlement for this year gets reduced accordingly as I apply for 12 weeks of maternity leave. Kindly let me know if this is legal. Also, I have come to know from my company that I will be paid only my basic pay during my maternity leave. As my usual salary is already consolidated (basic + HRA), please confirm if this is also legal.
Regards
From India, Madras
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From India, Madras
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Both are illegal.
Company Cannot Adjust Annual Leave in Lieu of Maternity Leave
1. A company cannot adjust annual leave in lieu of maternity leave as the Act provides for 12 weeks of maternity leave over and above the paid leave entitlement.
2. The salary for maternity leave should also be the full monthly salary.
Extract from the Maternity Benefit Act 1961
[IV] PAYMENT OF MATERNITY BENEFIT: Every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of average daily wage for the period of her actual absence, and any period immediately following the date of delivery and including the actual day of her delivery (Section 65). In addition to the maternity benefit, every woman shall also be entitled to receive a medical bonus of Rs.250/- if no prenatal confinement and postnatal care is provided free of charge (Section-8).
[VI] MAXIMUM PERIOD OF MATERNITY BENEFIT: Maximum twelve weeks of which not more than six weeks shall precede the date of her expected delivery (Section-5[5]).
[VIII] DISMISSAL, DEDUCTION OF WAGES, ETC.: No employer shall discharge or dismiss a woman for her absence from work in accordance with the provisions of this Act, and no deduction shall be made from the normal and usual daily wages of a woman entitled to maternity benefits (Section 612 & 13).
From Netherlands
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8Company Cannot Adjust Annual Leave in Lieu of Maternity Leave
1. A company cannot adjust annual leave in lieu of maternity leave as the Act provides for 12 weeks of maternity leave over and above the paid leave entitlement.
2. The salary for maternity leave should also be the full monthly salary.
Extract from the Maternity Benefit Act 1961
[IV] PAYMENT OF MATERNITY BENEFIT: Every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of average daily wage for the period of her actual absence, and any period immediately following the date of delivery and including the actual day of her delivery (Section 65). In addition to the maternity benefit, every woman shall also be entitled to receive a medical bonus of Rs.250/- if no prenatal confinement and postnatal care is provided free of charge (Section-8).
[VI] MAXIMUM PERIOD OF MATERNITY BENEFIT: Maximum twelve weeks of which not more than six weeks shall precede the date of her expected delivery (Section-5[5]).
[VIII] DISMISSAL, DEDUCTION OF WAGES, ETC.: No employer shall discharge or dismiss a woman for her absence from work in accordance with the provisions of this Act, and no deduction shall be made from the normal and usual daily wages of a woman entitled to maternity benefits (Section 612 & 13).
From Netherlands
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Legal Clarification on Absconding Employee, Contract Labour Engagement & Leave Entitlement Ammen.pdf
Employee Benefits.doc