Dinesh Divekar
Business Mentor, Consultant And Trainer
Legal And Compliance Consultant
Legal Consultancy
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Thread Started by #gitanjali@citehr.com

Hi, Our company fall under shops & establishment act.
i have a query... one of our female employee who had gone on Maternity Leave is not resuming back to work due to xyz reasons.. will she be entitled to avail maternity wages or reimbursement.
Kindly confirm.
27th June 2017 From India, Bangalore
Dear Geeta,

Payment of maternity benefits and separation from the company are two unrelated things. Both have no connection with each other. Availing of maternity benefits is subject to the eligibility as stipulated in the law whereas separation from the company will happen under the terms and conditions of employment as mentioned in the appointment letter.

Just because woman employee has availed of maternity leave, she cannot be forced to continue her employment. Maternity Benefit Act (MBA), 2017 does not prescribe lock-in period in the form of employment on completion of the maternity leave.

By the way, salaries and wages during the maternity leave is to be paid along with the monthly payment. From your query one gets a feel that you have accumulated the woman employee's wages and you wanted to disburse these to her once she resumes her duties. If your company has done that, then it is against MBA or other labour laws, as applicable.


Dinesh Divekar
27th June 2017 From India, Bangalore
Hi Dinesh,
Thank you very much for your reply...
It is the company practice that MB is paid once the employee resumes to work.
So here you would suggest that we have to pay her the MB & relieve her from the service.
Thanks & Regards,
27th June 2017 From India, Bangalore
send her a notice to rejoin the company as the MB leave period is over, however as already described by Mr Dinesh that non payment of Maternity leave benefits in monthly made is violation of law, therefore you are advised to credit her benefits in her account or through cheque.
you are required to send her at least 3 notices, better to send via regd. post, to resume her services.
for further detail or any other legal/Compliance query you can call/mail me.

27th June 2017
Dear Geeta, If she is not covered by ESI then maternity benefit is applicable since she has put in 80 days service which is the qualifying service for eligibility for Maternity benefit.
29th June 2017 From India, Pune
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