Thread Started by #Anonymous

Dear Advisors, Please help us with below query. My wife is working in a Hospital from past 8 years who are following NABH standards.
Recently HR informed that salary for the 6 months will not be paid during her maternity leave and instead it will be only paid when she resumes work after 6 months.
Kindly confirm whether salary should be paid every month or when she resumes work after 6 months.
Whether she is entitled for Maternity Bonus and when it should be paid.
21st February 2019 From India, Bangalore
5. Right to payment of maternity benefit.- 1*[(1) Subject to the
provisions of this Act, every woman shall be entitled to, and her
employer shall be liable for, the payment of maternity benefit at the
rate of the average daily wage for the period of her actual absence,
that is to say, the period immediately preceding the day of her
delivery, the actual day of her delivery and any period immediately
following that day.]
6.
Notice of claim for maternity benefit and payment thereof.
6. Notice of claim for maternity benefit and payment thereof.- (1)
Any woman employed in an establishment and entitled to maternity
benefit under the provisions of this Act may give notice in writing in
such form as may be prescribed, to her employer, stating that her
maternity benefit and any other amount to which she may be entitled
under this Act may be paid to her or to such person as she may
nominate in the notice and that she will not work in any establishment
during the period for which she receives maternity benefit.
(2) In the case of a woman who is pregnant, such notice shall
state the date from which she will be absent from work, not being a
date earlier than six weeks from the date of her expected delivery.
(3) Any woman who has not given the notice when she was pregnant
may give such notice as soon as possible after the delivery.
Explanation.--For the purpose of this sub-section, the average
daily wage means the average of the woman's wages payable to her for
the days on which she has worked during the period of three calendar
months immediately preceding the date from which she absents herself
on account of maternity, 1*[the minimum rate of wage fixed or revised
under the Minimum Wages Act, 1948 or ten rupees, whichever is the highest
Kindly read this to get answers to your query.
21st February 2019 From India, Pune
It is due to an apprehension of whether the employee will join back that the HR is saying that payment of salary for the maternity leave period will be paid only once she resumes work after the leave is over. But legally, she is entitled to lave pay every month and you cannot pay it after she joins back.
22nd February 2019 From India, Kannur
Thanks for the details Nathrao and Madhu
When contacted HR, they informed that she can approach legal route only after six months to claim the salary incase if she is not paid after joining the duty.
Currently promotion is also pending, please guide on how to approach legally without creating job insecurity.
Thank you.
24th February 2019 From India, Bangalore
It is not like what the HR has said, she can approach the appropriate authority once she is not paid her first month salary. But before that ensure that she will be joining the company and the company will not retaliate for her act of approaching the labour department.
Promotion is not a right of the employee. Therefore, if the employer thinks that her promotion can be postponed even for a year, you cannot defend.
In the matter of salary on monthly basis during maternity leave days, the employee can take a call, whether to move legally or to accept the salary once she joins after six months. In the latter case, the employee employer relationship will be maintained, she can take the salary for the entire 6 months after six months and then continue peacefully but in the former case, the labour department will direct the employer to pay you salary every month, but you cannot expect the same peaceful relationship.This will follow you even when you leave the present employment and joins or decides to join another organisation because a remark in the back ground verification about your approaching the Labour Officer for your right will be spelled as very negative when another employer hires you.
A company which insists the employee to wait for her leave salaries till she returns after the maternity leaves may even refuse to pay the salary once you join back after leave. In that circumstance, you can use the tool of administrative machinery, I feel. This is my advise on practical grounds.
25th February 2019 From India, Kannur
Thanks for the advise.
What happens if employee does not want to join after 6 months.
2nd March 2019 From India, Bangalore
If employee does not WANT to join???? What do you mean? You cannot decide before hand that she will not join after six months. You cannot stop her from staying away after six months. If she does not join also you cannot do anything. But if you do not pay salary, she can take action against the employer
2nd March 2019 From India, Kannur
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