Umakanthan53
Labour Law & Hr Consultant

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I am running a small IT Privet Limited company with a team of 15 employees. Do I compulsory need to give the Maternity paid leave?
It yes then what is the time period of the leave and during that time period should I need to give the only Basic of the Salary or full salary?
Can I create a contract like some percentage of her salary she will receive when she joins back the company to assure the employee will be back and not leave the company after delivery? Please help.

From India, Ahmedabad
Dear friend,
1) Since IT/ITES companies fall under State Shops and Establishments Act and you have 15 employees on roll, the Maternity Benefit Act,1961 applies to your establishment as per sec.2(1)(b) of the Act.
2)Therefore, it is your statutory responsibility to grant maternity benefit for a maximum period of 26 weeks (leave with full wages/salary last drawn) and medical bonus u/s 8.
3) No. it is an unconditional employment benefit in recognition of motherhood.

From India, Salem
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