Is It Authorised To Hold Employee Salary During Maternity Leave - CiteHR
Shah01ankita
Talent Acquisition / Consultant - Catalis
+1 Other

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I am associated with a startup IT company from 1 yr and 4 month\'s and currently I am on approved maternity leave. Being a startup there is no such policy for same as of now. But employer did not processed my salary without any prior intimation to me, wheb enquired I have been told that salary has been kept on hold and will be paid once I reaume my duty, also salary will not be paid in full they will calculate it considering my tenure of employment against the leaves taken.
Company is established in August 2011 and registered under company act, not yet registered under shops and establishment act and not abiding by any other compliances.
Please let me know if such action by Employer is authenticated or as an employee how I can put forth my objection.
Regards,
Roshni

Dear Roshni,

I hope you are aware that every organization has to abide by maternity policy.

If you are covered under ESIC scheme, you are automatically covered under Maternity policy of ESIC.

If you are not covered under ESIC scheme, then too your employer is liable to give you all maternity benefits:-

--> 12 weeks of paid leave out of which min 6 weeks are to be given post delivery

-->Salary paid is the average pay given to you in the 3 months preceding the date you applied for maternity leave. (Note that you will not be paid amounts like conveyance / incentives / travelling allowance or other such amounts which are given to ease the commute to office since you are not commuting)

--> Maternity Bonus in addition to this post your delivery. (In case the mother dies, the bonus and other maternity benefits are to be paid to child / guardian)

--> Child for this matter also includes a still born child.

--> If there are any disease that you suffer from due to pregnancy, an additional one month's leave is to be granted.

Please check the following discussions as well for your information

1. https://www.citehr.com/31043-payment...form-23-a.html

2. https://www.citehr.com/491695-paymen...ity-leave.html

Thanks Ankita for your inputs. My company is not covered under esic as well and I am above the esic limit.
When I enquired with my employer for my due salary they said that they are startup and can't pay my full salary. They have enquired with some of their refrences and as per them it is not against any regulations. They are not ready to give anything in writing.
Plz let me know where can I file a complaint against employer.
Regards,
Roshni

Employer has no right to Maternity benefits (salary) after rejoining after leave.Co being a start up is also not a reason to give part salary. Varghese Mathew 09961266966
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