How Can I Create a Fair Maternity Leave Policy for Contract Employees in Software?

Dear All,

I am working in the software department of a hardware company as an HR Assistant. We have 30 people in our department. Our Software Department started 2 years ago, so there are no formal policies for software personnel, but there are clear-cut policies for our production unit.

My problem is one of my employees is expecting and she is a contract employee. What benefits should be given to her, and how many months of leave can I sanction for her? How can I formulate a policy for Maternity Leave?

Please help me in this regard.

Anupama

Dear All,

I am working in the software department of a hardware company as an HR Assistant. We have 30 people in our department. Our Software Department started 2 years ago, so there are no formatted policies for software people, but there are clear-cut policies for our production unit.

My problem is one of my employees is pregnant, and she is a Contract Employee. What benefits should be given to her, and how many months of leave can I sanction for her? How can I form a policy for Maternity Leave? Please help me in this regard.

Anupama

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Dear HR Fraternity,

This is very simple if the concerned contract employee is not covered under the ESIC Act, then the application of the Maternity Benefit Act attracts. Since you are the principal employer, you are liable to pay Maternity Benefits if the immediate employer is not extending such benefits. Maternity benefit is 6 weeks prenatal and 6 weeks postnatal leave with pay. A total of 84 days' leave with pay needs to be extended to such a contract employee.

Hope this will suffice your requirement.

With best regards,
N. Devarajan
HR Consultant

Dear Anupama,

If the contract employee is covered under the ESI Act (Gross less than 10000), then you need to give her 6+6 weeks leave and 1 month leave if requested. The 12 weeks' wages will be paid by the ESIC. If she is under the Benefit period, the one-month extended leave will be considered as LOP.

In the case of an exempted employee from ESI who has worked more than 80 days, she will be covered under the Maternity Benefit Act, and the principal employer has to provide the Leave wages + Medical Bonus of Rs.250/- (if you are not providing prenatal medical facility).

Regards,
Suresh Ramalingam

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