Anonymous
Hi, Can a company withhold 50% salary of a female employee who is going on Maternity for the period of Maternity break (182 days per law) and make the payment of withheld 50% salary at the time the female employee joins back after completion of her Maternity leave. Just want to know about how the payment of Salary should be done for female employee going on Maternity leave
From India, Mumbai
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Umakanthan53
Labour Law & Hr Consultant

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umakanthan53
5887

I would like to invite the attention of the poster to section 6 and particularly the sub-sections (5) and (6) therein of the Maternity Benefit Act,1961.
The amount of maternity benefit for the period preceding the date of her expected delivery SHALL BE PAID IN ADVANCE and the amount due for the subsequent period SHALL BE PAID by the employer WITHIN 48 HOURS of production of such proof as may be prescribed.

From India, Salem
shobhit-kumar-mittal
50

Post delivery, the payment of maternity benefit has to be made for the period of the "actual absence" of the employee, therefore, in my opinion, the payment has to be made every month as is in the case of salary payment.

- S. K. Mittal
9319956443

From India, Faridabad
umakanthan53
5887

Sorry to differ from the observation of our learned friend S.K.Mittal.

First and foremost, only upon realizing the intention of the employer as described in the post to make the payment of maternity Benefit for the lawful absence period conditional upon the employee's rejoining, I have replied quoting the relevant provisions of the MB Act,1961.

Secondly, when the law states categorically how an obligation should be performed by the employer, I think no deviation or departure suiting the employer's convenience or personal conclusion is permissible. Certainly, such an act would land him into trouble that can be avoided by doing the thing exactly in the manner prescribed by law.

From India, Salem

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