Umakanthan53
Labour Law & Hr Consultant
Rkn61
Hr Manager
KK!HR
Management Consultancy

Anonymous
Hello, One of my female employees who joined on Jan'07,2020 is pregnant. Her expected delivery date is 15th Jan'2021.
She is going for ML from 1st Jan'2021. So is she eligible for Maternity Benefit? If yes, can we pay a monthly salary to her or need to pay 3 months salary together?
Please explain more on "--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, 194". Thanks in Advance.

From India, Pune
Dear Jareena,
Firstly statutory maternity benefit ( paid leave ) is for 26 weeks. It can be availed by the employee at her option in two spells, the first spell not exceeding 8 weeks prior to the expected date of delivery and the second spell for 18 weeks from the date of delivery. It can also be availed at a stretch of 26 weeks right from the actual day of delivery.
I think that you have confused yourself with the provision explaining how to calculate the leave salary on the basis of three months' average salary. The entire 26 weeks' leave is a paid one calculated on average of the wages immediately preceding three months.

From India, Salem
Anonymous
@umakanthan53
Thanks a lot for your guidance. But i am still confused with below mentioned clause in act
"No woman shall be entitled to maternity benefit unless she
has actually worked in an establishment of the employer from whom she
claims maternity benefit, for a period of not less than 1*[eighty
days] in the twelve months immediately preceding the date of her
expected delivery"

From India, Pune
Your querry :"Thanks a lot for your guidance. But i am still confused with below mentioned clause in act"No woman shall be entitled to maternity benefit unless she
has actually worked in an establishment of the employer from whom she
claims maternity benefit, for a period of not less than 1*[eighty
days] in the twelve months immediately preceding the date of her
expected delivery"
Answer: As the female employee joined in your organization in January 7,2020 and is
proceeding on leave from 1st Jan 2021, she has completed one year of service with your
company and she is fully entitled to Maternity Benefit.
In this scenario, what is your confusion?

From India, Aizawl
I think, Jareena, you are a bit confused with the phrase " actually worked ". I would request you to go through the explanation given under sec.5(2) of the Maternity Benefit Act,1961.
For your clear understanding, let me quote the following observation of the Supreme Court in its judgment in WORKMEN OF AMERICAN EXPRESS INTERNATIONAL BANKING CORPORATION Vs MANAGEMENT [ AIR 1986 SC 458 ] :
" The expression " actually worked under the employer " cannot mean those days only when the workman worked with hammer, sickle or pen, but necessarily comprehend all those days during which he was in employment of the employer and for which he had been paid wages either under express or implied contract of service or by compulsion of statute, standing orders etc. "

From India, Salem
PL continue to regularly pay her on monthly basis for the maternity benefit period of twenty six weeks.
From India, Mumbai
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