Manojkamble
Sr. Hr Executive
Kins_b
Associate Manager Payroll
Nathrao
Insolvency N Gst Professional
+2 Others

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Hi all
Please advice, an employee in my friend's company is pregnant (7 months) and what if the company does not pay salary to her.
Please advice, is it mandatory to pay full salary for 26 weeks as per maternity benefit act.
Is there any provisions for the employer also to not pay salary or benefits to her? As according to my friend, her performance was not good and she was not punctual even.
Please reply

From United Kingdom, Hounslow
Kindly write letter to Appointing authority and wait for his reply. ( By regd Post) Send letter to labour authority ( authority whom the maternity benenfit lies ) about the same.
From Spain, Burgos
Dear Harman,
If company does not pay maternity benefits then it will be against the law and punishment will be imposed on the company. If employee is covered under ESIC then the benefits will be paid by ESIC and if not then company is liable to pay the amount. Along with 26 weeks salary she is also entitled for Maternity Bonus as well.


Maternity benefits and leave is a legal requirement.
No employer can deny legally mandated benefits.
That employee is not a good performer is besides the point and has no relevance to payment of maternity benefits.
Is the case from India or UK?
Even UK has similar benefits under maternity benefits Act.
https://www.gov.uk/maternity-pay-leave

From India, Pune
Thanks Murali_d02, Manojkamble & Nathrao This case is from India.
From United Kingdom, Hounslow
had she intimated officially to the employer about the pregnancy? If not, do it immediately.
Was she covered under ESI Act? If yes them ESI authorities have to pay.
If the company engages 10 or more all-inclusive employees then only the Act is applicable to them. In such case employer will have to extend the benefit.
Start with email intimation & make claim. Wait for couple of days for reply. If no intimation is received inform them that she will have to approach labour office in the matter. If still nothing happens, approach local labour office & seek their guidance.

From India, Mumbai
Provision of Maternity Benefit Act
Eligibility :
Subject to the provision of the Act, every woman who has actually worked in an establishment of the employer from whom she claims maternity benefits for a period of not less than one hundred and sixty days, including the days during which she was laid off
Payment of Maternity Benefit
Section 6(5): The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on production of such proof as may be prescribed that the woman is pregnant, and the amount due for the subsequent period shall be paid by the employer to the woman within forty-eight hours of production of such proof as may be prescribed that the woman has been delivered of a child.
1st Advance : Salary for period from start date of maternity leave till date of expected delivery or salary for 8 weeks, whichever is less.Within 48 hours from the date of receipt of application for maternity leave.
2nd Advance : Salary for 18 weeks (if paid 8 weeks in 1st installment) or more i.e. 18 weeks + shortfall of 1st installment (if paid less than 8 weeks in 1st installment) Within 48 hours from the date on which employee informs about her actual delivery

From India, Mumbai
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