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srabanti-chakraborty
Hi, I need some information regarding the Maternity leave policy.
If any employee is taking maternity leave for six months, can we hold her salary till she joins back, or do I have to pay the salary every month?
As I work in an HR recruitment farm, please suggest that sometimes employees leave the job at the end of their maternity leave. To prevent this, my manager is asking to hold the 6 months or at least the last two months' salary till the employee joins back. But I am not sure if we can do that or not.

Kindly help with this information.

Tanks in advance
Srabanti

From India, Bengaluru
shreya-pan
Hi Srabanti,
As per Maternity policy, the payments have to be done on monthly basis and you cannot hold up the salary for employee for any months. It's mandatory for organization to comply by the Maternity policy.

Thanks

Rekha Roy
HR Manager

From India, Noida
vmlakshminarayanan
919

Hi,

As per MB Act 182 days leave with salary to be provided to the employee and salary should be released on monthly basis. However some employers release 50% of the salary on monthly basis and balance accumulated salary they are paying once the employee resume back to work after maternity period.

In case of resignation after 182 days Employer cannot compel for the sake of 182 days salary paid. Resignation is the choice of employee but Employer can request for notice period as per employment terms.

Even if salary the kept on hold Employer is liable to release it once Employee resume back to work so holding salary will not be of any use.

From India, Madras
srabanti-chakraborty
Thank You Shreya Pan and Vmlakshminarayan this information is really helpful for me .
From India, Bengaluru
vaishali devani
Hi Lakshmi Narayanan,

Thanks for the insight, if you can help with the Act link or details. as am planning to apply 50% salary for ML employees. I would require it as a reference to management.

The reason for applying 50% as security is to get the employee back. since the IT industry of very fragile in terms of switching over jobs

Thanks
Vaishali.


vmlakshminarayanan
919

Hi,

Nowhere in the MB Act it is stated that 50% can be paid during Maternity period and balance 50% after the employee resume back to duty. Some employers are following this with the mutual consent of the employee.

Please refer the Section 6 in The Maternity Benefit Act, 1961 , especially sub-section 5

Section 6 in The Maternity Benefit Act, 1961
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.
(4)
On receipt of the notice, the employer shall permit such woman to absent herself from the establishment during the period for which she receives the maternity benefit.
(5)
The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on production of such proof as may be prescribed that the woman is pregnant, and the amount due for the subsequent period shall be paid by the employer to the woman within forty-eight hours of production of such proof as may be prescribed that the woman has been delivered of a child.


So as per Section 6(5) of Maternity benefit paying monthly basis salary itself is not right.

Please refer the link below

https://indiankanoon.org/doc/85782/#:~:text=(6)The%20failure%20to%20give,woman%2C%20o rder%20the%20payment%20of

From India, Madras
vaishali devani
Thank you Sir for the link and reference. it is useful.

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