Dear All,
I am working in an MNC in Chennai and currently in the process of applying for my maternity leave.I have learned from from my organisation that my annual leave entitled for this annual year gets reduced accordingly as i apply 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 also legal.

From India, Madras
Both are illegal.

1. Company cannot adjust annual leave in lieu of Maternity leave as the Act provides for 12 weeks maternity leave over and above paid leave entitlement

2. Salary for maternity leave should also be the full monthly salary.

Extract from the maternity benefit act 1961:

IV PAYMENT OF MATERNITY BENEFIT: Every women 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 of her actual absence, and any period immediately following the date of delivery and including the actual day for her delivery (Section –5). In addition to the maternity benefit, every women shall also be entitled to receive a medical bonus of Rs.250/- if no prenatal confinement and post natal 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 proceed the date of her expected delivery (section-5[5])

VIII DISMISSAL, DEDUCTION WAGES, ETC: No employer shall discharge or dismiss a women for her absence form work in accordance with the provisions of this Act and no deduction shall be made from the normal; and usual daily wages of a women entitled to maternity benefits. (section –12&13)

From Netherlands

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