Maternity leave - full payment salary for 6 months or just basic salary? - CiteHR
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I would like to answer your query whether company should provide you full payment salary for 6 months of maternity leave or just basic salary as follows:-
Section 2(n) definition of wages includes all remuneration that means includes Basic Wages, all such allowances (including dearness allowance and house rent allowance), incentive bonus and the money value of concessional supply of food grains and other articles
Hence in your case the employer is liable to pay Gross salary drawn by you at the time of availing the Maternity Benefit Leave.
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As per your question regarding how early you can avail leave is below.
As you mentioned your expected date of delivery is 4th Sep 2018, so, if you go back to 8 weeks before your expected delivery it would be coming 11th June 2018. You may avail maternity leaves from 11th June 2018.
Hope this suffice your query.
Sir, will it be from June, 11th or July,11th ?
Also, if I want my maternity benefit before 8 weeks I meant around by mid of May then it will be possible or not?
In reference to the query above, I would like to apprise you that please refer to you Appointment letter wherein your JD has been described.
In case there is no clause in appointment letter wherein the management has not mentioned to change the JD, they cannot implement it.
Please address an application to the HR team apprising them about your medical health.
The alternative you have is to avail EL which can be latter clubbed into your maternity Leave.
I further suggest you should fight for your rights.
In case of any other assistance please feel free to shoot any other query.
Thanks in anticipation.
Looking forward to hearing from you,
Many thanks
Shamsheer Pal Singh Dhillon
Head Legal
Observing that the state cannot discriminate in granting maternity leave, the Bombay high court has allowed a member of a consumer panel to take maternity leave for six months.
“In our opinion, there can be no discrimination in the matter of granting the maternity leave benefit of 180 days to a member of the district forum who is appointed on a fixed tenure of five years only on the grounds that she is not a government servant,” said a division bench of Justices Shantanu Kemkar and Makarand Karnik in its May 4 order.
The court’s verdict came on a petition by Prerna Kalunkhe-Kulkarni, a member of the District Consumer Disputes Redressal Forum in Nashik, for a direction to grant her maternity paid leave for six months. After 18 weeks of pregnancy, on December 4, 2017, she wrote to the president of the state consumer disputes redressal commission to grant her maternity leave. Since she got no response, she moved the high court.
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The state’s advocate said she was denied 180-day maternity leave as she was appointed on a tenure post and the Maharashtra Civil Service (Leave) Rules 1981 do not apply to her. But her advocate argued that she has to be regarded as a government employee.
The judges noted that Supreme Court has extended benefits under the Maternity Benefit Act, 1961, even to women employees of municipal corporations working on daily wages and HCs too have allowed petitions to grant maternity benefits to employees hired on contract or on ad hoc basis.
The judges said in Maharashtra benefits under the Act have been made available only to government servants under the 1981 Rules. “The benefits of enhanced maternity leave to women employees are undoubtedly... intended to give them equal opportunities in public employment,” the bench said, adding that the state’s stand cannot be countenanced as it would amount to discrimination against women employees only because they are on tenure posts.
Allowing her petition the judges said, “For the purpose of granting maternity leave, the petitioner is entitled to 180 days’ maternity leave since she is working in a tenure post of the district forum established by the government.”
My Comments
this clarifies the importance GOI gives to Maternity leave and women welfare.
Thanks a lot to both of you!
Now I literally think I can avail my maternity benefits!
you are employed in a Pvt concern. Your company is covered under ESI act.It is under shops and establishment or Factories act.
Most of the employer's are not willing to give maternity benefit to their employees. They made employees to resign stating that unauthorized absence for duty .
Try to discuss the matter with your departmental head and solve.
If you don't want to continue after maternity you can fight legally .
One of my friend is absent from 2 month. He was medically unfit and facing from typhide disease when he became fit his father became sick. So He could not join duty from 2 month. He has all medical prescription of doctors and medical reports. His father is facing with three problems first he is facing from Parkinson disease,second he has minor fracture on leg and third he has prostate problem also. Treatment of all disease is going on my friend is almost fit but his father is on bed rest.due to these problems he wants to resign and try for other job near to home so that he can look after to his first query is if he resign from service department will not accept second query is department issue show cause notice can he submit resignation with his genuine reason.
As the question asked in anonymous way, but still answer to query in one sentence is as follows:
"Consider said female employee who opted maternity leave, as same as she is working in establishment and not on leave and pay her as per that on monthly basis"
Girish Vivalkar
Indian Labour Law and Human Resource by GIRISH JAYRAM VIVALKAR
Woman Employee Benefits Maternity Benefit Act, 1971 assures the benefits to working women because at the productive stage they are exposed to special risk during pregnancy.
The objective of this Act is to let the working women take rest during the period of pregnancy and for few days even after childbirth. This rest period being considerably long, therefore, this Act ensures that the employer does not terminate the employment because of the long leave.
The employers covered in the Act are PROHIBITED:
For knowingly employing any woman or taking work by a woman during a certain period, i.e., 6 weeks immediately following the date of delivery or miscarriage.
On request, a woman cannot be given any work of the following nature:
- which is arduous in nature
- which requires long hours of standing
- which in any way is likely to interfere with her pregnancy
- which in any way is likely to interfere with the normal delivery of a child.
Sec. 6 specifies the period for leave under this Act:
One month immediately preceding the period of 6 weeks before the date of delivery. Any period during the said 6 weeks for which the pregnant woman does not avail of leave of absence. However, a woman is required to apply, stating the period to avail of the benefit.
Sec. 5, any pregnant woman is entitled to, and the employer shall be liable for, the payment of her maternity benefits at the average daily rate for the period as specified above.
The following conditions are to be fulfilled before maternity benefits become payable:
The woman should have worked for at least 80 days in that establishment.
The maximum period for which that woman is entitled to the benefits is restricted to 12 weeks, of which not more than 6 weeks shall proceed the date of her expected delivery.

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