Adv. Manoj Liyonzon
Lawyer, Chennai
+2 Others

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I am working in private organization which is a Payroll outsourcing firm. According to them, they are not having any leave policy irrespective of following LWW which is also one part of our proposed take home. I want to know if they covered any employee under LWW then she is not eligible for 3 months paid maternity leave. If yes, How? if No, Why?
What is LWW, is it Leave with/without wages or anything else. What are the terms covered under LWW to give you appropriate view
This is Leave with wages which is included with in hand salary, saying as included 2 days leave payment on monthly basis.This is not paid extra+salary, but this is also one of the component decided with take home salary
If it is already included as part of Salary then Leave wage will not be applicable, but if the employee is covered under ESIC Scheme then she may opt. This is my view, please wait for seniors to pour in their advices.
It means maternity leave benefit will not be applicable in this case
take home salary is more than ESIC limit, then in this case no maternity leave is applicable to female employees and any medical benefit
Yes since it was mutually agreed upon by the employee and employer and accepted the terms,
but employer have'nt discuss anything regarding Lww clause, when leave amount deducted from the salary then we came to know the exact scene, previously we even dont heard about it. BUt how is it possible that employer escape from giving this meternity benefit of medical facility when this is the right of an employee, and when already 1.5 year has been completed by female employee in his organization.
Please refer my earlier post, you have to state what were the terms and condition that you agreed upon, while accepting the job. Beforehand it will be very hard for the forum member to give any view.
Nothing is mentioned in offer letter regarding leave policy irrespective of salary structure in which one salary head as LWW is mentioned. No any other discussion or clearification.

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