Hi Readers, I m working in IT company .. wanted to know abt the Maternity leaves policy for an employee whose performance is not upto the expectation of Manager's since her joining - following are the dount needs to be cleared .
1. The 90 days are LWP or paid leaves ?
2. if in case we pay her .. should we consider basic pay ?
3. Company is not covered under ESI , no medical Insurance etc
4. CL, SL & EL are the part of Maternity leaves
Please suggest
Vandana sharma

From India, Calcutta
Recruitment/talent Acquisition, Career Counselling
Hr Manager
+2 Others


Hello Vandana sharma,
You are a very old member of CiteHR.
Pl search the old threads as this topic was discussed MANY MANY times earlier.....using the 'research' feature @ the top of this page.
However, pl note that performance has nothing to do with Maternity Leaves. You mentioned '....since joining....'. When did she join? This will have a bearing on her eligibility for ML.
And, even accepting your note about her performance is right, it's a bit impractical to fire her now....any such action could be CONSTRUED as a pointer to the Company NOT willing to give her maternity leaves.

From India, Hyderabad
Pan Singh

Dear Vandana,
The object of Maternity Act is to protect the dignity of motherhood, so that the woman can take special care of Health of the new born and herself. The Maternity Benifit is a Compliance not any choice. Even if the performance of the lady is not upto the expectation, she is entitled to avail Maternity Benefits. Since ur co. is not covered under ESI, you have to give her the entitlement/s.
The CL, SL & EL should not be part of the Maternity Leaves. For more detail you can search on net or can purchase the related Act Book form authorised Distributor (Jaina Book Agency, Gupta Book Agency etc. You will find more detail.

From India, Delhi

For those employees not covered under ESI including those in IT Cos ,the maternity benefit is regulated by the provisions of Maternity Benefit Act 1961.
At national Level the Act applies to establishments having ten or more employees.Some states have removed this limit of 10 employees.
To be eligible for benefit a women should work under the employer for more than 80 days in the period of 12 months prior to the date of expected date of confinement
.If so employee is entitled for 84 days benefit ie leave with salary.This is 42 days before and 42 days after confinement..In addition she is eligible for the benefit for 30 days more, if she suffer from any diseases arising out of pregnancy ,child birth etc
.CL,SL etc are in addition to Maternity benefits.
Varghese Mathew

From India, Thiruvananthapuram

Hi Vandhana, Please take a Form-B signed by the employee who wish to avail maternity leave. Normally the gross salary is considered for the payment. Ref Sec 3(n) of the MB Act -1961.
From India, New Delhi

Hi, can anyone confirm me, 12 months period. Is it calculated from her DOJ or Financial year.Please clarify seniors
From India, Hyderabad

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