Dear member,
1. Section 5 of the Maternity Benefit Act, 1961 lays down that a woman employee is entitled for "payment of maternity benefit at the rate of the average daily wage" The term "average daily wages" has been explained in explanation of the said section as "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......".
2. Further the term (wages" has been defined in section 2(n) of said Act as "all remunerations paid or payable in cash ......and includes(1) such cash allowances (including dearness allowance and house rent allowance)....., (2) incentive bonus, but does not include (i) any bonus other than incentive bonus, (ii) overtime earnings etc......."
3. In view of above, in my opinion, the employer is required to pay not only basic pay but also dearness allowance, house rent allowance etc., and other allowances, if any, applicable in your case.
4.Further for claiming such maternity benefit some procedure has been laid down in the said Act and on receipt of the notice from pregnant woman and on receipt of such proof, the employer is required to pay the maternity benefit "in advance" Section 6(5).
5. In order to have your rights and compliance of procedure under above Act, I will suggest you to please go through above Act and take action accordingly. The copy of Act as above, can be downloaded from the website of Ministry of Labour & Employment, Govt.of India or updated copy of the said Act can also be purchased from Law books shops in your city.
6. To my knowledge, there is no separate Act applicable on employees of IT sector.
1. Section 5 of the Maternity Benefit Act, 1961 lays down that a woman employee is entitled for "payment of maternity benefit at the rate of the average daily wage" The term "average daily wages" has been explained in explanation of the said section as "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......".
2. Further the term (wages" has been defined in section 2(n) of said Act as "all remunerations paid or payable in cash ......and includes(1) such cash allowances (including dearness allowance and house rent allowance)....., (2) incentive bonus, but does not include (i) any bonus other than incentive bonus, (ii) overtime earnings etc......."
3. In view of above, in my opinion, the employer is required to pay not only basic pay but also dearness allowance, house rent allowance etc., and other allowances, if any, applicable in your case.
4.Further for claiming such maternity benefit some procedure has been laid down in the said Act and on receipt of the notice from pregnant woman and on receipt of such proof, the employer is required to pay the maternity benefit "in advance" Section 6(5).
5. In order to have your rights and compliance of procedure under above Act, I will suggest you to please go through above Act and take action accordingly. The copy of Act as above, can be downloaded from the website of Ministry of Labour & Employment, Govt.of India or updated copy of the said Act can also be purchased from Law books shops in your city.
6. To my knowledge, there is no separate Act applicable on employees of IT sector.