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I have to lay down policy for pregnancy leaves in my company ..My company is re framing on the policy and saying that the leaves will be granted but the payment will be made only after the employee rejoins the company . that is once the employee rejoins she will be paid double salary for next three months.
As per the indian government act it is against the law .Please tell me if we can execute this policy or what are the cons of it.Can the employees sue the company because of definyng such policy .What can be done to ensure that the employee does not leave the company after receiving the payment of the 3 months of pregnancy leave.
Please suggest

From India, Bangalore
CAN A COMPANY PAY THE SALARY FOR PREGNANCY LEAVES in lumpsum after the employees joins back post the delivery and utilisng the three months of paid salary leaves
From India, Bangalore
I am rather amazed at the question!! If it is against the law how can you do it?
From United Kingdom
No you have to pay month wise. You can’t abide legal laws.
From India, Delhi
Please do not resort any illegal practice / policy; this will make liable the employer for punishment.
From India, Pune
Dear Swadha,
Please help us understand why would you want to hold salary till the employee resumes working ?
Disbursal of the salaries during maternity requires moderation, as the incentives and other such variables might not be paid .
Looking forward to hear from you.

From India, Mumbai
I have written it by mistake. you have to follow the laws . You can’t make your own policies.
From India, Delhi
Hi Swadha,
As per the maternity benefit act, female employee should be paid for all 3 months and that also on monthly basis. this is her right given by the Govt.
No organization can break this law and make their own as if employee seek legal help, then the organization will be in a soup.
Regarding the retention of the that employee, you need to understand that it sometime happens that few employees cannot continue their job due to some or the other reason and this risk is applicable for all the organizations.
So, don't worry about it and abide with the laws.

From India, Delhi
There is a law enacted in India governing maternity benefit for woman employees which is called the Maternity Benefit Act 1961 which is applicable to a factory or shop or etsablsihment employing ten or more persons. First ascertain whether this law is applicable to your establishment. If so, any policy concerning maternity benfit shall be in accordance with the provisions of the Act or can be more beneficial than that but shall not be in conflict with it. Any breach of law will attract penal consequences. You can accordingly explain to your management.
B.Saikumar

From India, Mumbai
No, benefit is not monthly. As per MB Act, sec 6((5) ,the maternity benefit up to the date of expected delivery shall be paid in advance.The payment for the remaining period shall be paid within 48 hours of production of proof of delivery.
In Kerala the MB Act is applicable to Sops and Commercial establishment irrespective of number of employees.
Varghese Mathew
9961266966

From India, Thiruvananthapuram

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