PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Labour Law & Hr Consultant
Partner - Risk Management
Pan Singh Dangwal
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Pan Singh DangwalDear Himanshi,
The applicability of Maternity Benefits not depends upon Company Policy. Even if there is no policy but if it falls under applicable purview, the Act will applicable to the company.
It applies to all establishment in which 10 or more persons are employed, or were employed, on any day of the preceding twelve months.
Women indulging temporary or unmarried are eligible for maternity benefit when she is expecting a child and has worked for her employer for at least 80 days in the 12 months immediately preceding the date of her expected delivery.
The actual wages is supposed to be paid to the woman.
From India, Delhi
lourdes-perdonThat depends on a country of course, but I assume that whenever the policy is not written in a corporate statute documents, national labor law applies. For the company it is more advantageous to use special tools https://www.talenteria.com/recruiting-microsites for making the company attractive to applicants, as well as for retention of staff. Those who do it, are normally accurate with benefits policies too.
mukesh.raviMaternity Benefit Act, 1961 has provisions for the purpose.
The maternity benefits under this act are as follows:
• Eligibility: A woman is eligible for maternity benefits when she has worked for at least 80 days in the preceding 12 months from her date of expected delivery.
• Pay: Employer shall pay Maternity benefit equal to Basic +DA+ Cash Allowances + Incentive Bonus for the period of absence to the women employee.
• Leave: The woman employee is eligible to get maternity benefit for 84 days (i.e. 12 weeks). Out of the 84 days, the period before delivery should be a maximum of 42 days
• Medical Bonus: Employer should pay Rs 250/- to the woman employee as Medical Bonus if no prenatal and postnatal care is provided to the concerned woman employee free of charge
• Other Leaves (with wages as in maternity benefit) arising out of pregnancy:
(a) Miscarriage, Medical termination - 6 weeks from the day after pregnancy Miscarriage, Medical termination of pregnancy
(b) Tubectomy- 2 weeks from the day after tubectomy
(c) Illness due to Pregnancy, Delivery - One month
• Nursing breaks: Every woman delivered of a child who returns to duty after such delivery shall, in addition to the interval for rest allowed to her, be allowed in the course of her daily work two breaks of the prescribed duration for nursing the child until the child attains the age of fifteen months.
If the company does not have any such policy, you may write to them to availing benefits as per law. If they do not respond to your query positively, you may serve a legal notice to that company to avail that.
Dr. M. K. Ravi
From India, Delhi
mukesh.raviThere are some changes under the law, where the paid maternity leave in India is increased from 12 weeks to 26 weeks for working women. ... After this, prenatal leave duration has also increased from 6 to 8 weeks, whereas a woman who is the mother of 2 or more children is eligible for 12 weeks of maternity leave. For more details, you may refer the amendment in Maternity Benefit Act 2017 as attached.
Dr. M. K. Ravi
From India, Delhi
saswatabanerjeeYes, you are required to pay Maternity Leave irrespective of the company policy.
The policy will apply if it is giving more favourable terms of maternity than that provided in law. But otherwise, remember that you can not contract for a term or benefit less than that statutorily available
From India, Mumbai
umakanthan53Unfortunately, some of our members are at times obsessed with the policies of their organizations in employment matters. Generally, in a positive sense, policy is a guiding principle to regulate our actions with the established norms of the society in which we live. Therefore, no policy can be for its own sake but should move in tandem with the laws of the land. In the realm of employment, it is all the more important to employers to devise their human resource policies in such a manner not to run counter to the existing laws of employment and make them flexible also to the extent of accomodating future changes in the legal provisions whenever the occasion arises. Just because an organization's policy has no provision for a statutory employee benefit or such a benefit being not in accordance with the law in terms of scale and sanction, it cannot be a valid reason for non-compliance.
Therefore, the poster's organization is under a legal obligation to comply with the provisions of the Maternity Benefit Act,1961 as elaborated above by the learned collegues.
From India, Salem