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In Our company , there is a women , She is pregnant now she will take her maternity leave, will she eligible for salary during the time of maternity leave, and will company have to pay salary to her , and how much.
From India, Muzaffarnagar
She can claim Maternity Leave only if she has worked at least 80 days for her employer in the last 12 months.
Average daily wage means the average of her wages during the three month period immediately before her maternity leave starts. The company will pay the full wages and not just the basic salary. Wages for Maternity Benefit includes DA, HRA ,other cash allowances,incentive bonus,money value of concessional supply of articles.
But it does not includes following items:
1) any bonus other than incentive bonus
2) overtime earnings & any deduction or payment on a/c of fines
3) any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the woman under any law for the time being in force and
4) any gratuity payable on termination of service.
In Case of medical need it, the law permits for up to a month of sick leave if the illness or problem requiring leave is because of your pregnancy, delivery or premature birth. During this month, you are entitled to your usual wage, subject to documentary proof of the illness.
Section 5,5A of Maternity Benefits Act 1961.
A reading of bare Act is always helpful to understand basic features and provisions of th e Act.

From India, Pune
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