Is It Fair to Only Receive Basic Pay During Maternity Leave? Seeking Guidance

Hello, I am working in a software Pvt. Ltd. company. I am going to take maternity leave. As per our company handbook, the rule is: "The employee will be paid only the Basic Pay of her monthly salary, and it may be paid after the employee resumes on duty."

Please let me know if this rule is true. Please guide me.

Please ask the company to pay the amount each month because we did the same with one of our employees. Anyways, how many leaves do you want? The salary will depend on that. You must be going for at least 1 month. Reply to me, and then I can provide more details.

Take care, both of you :)

Yes, I'm going for 12 weeks. But the company is not ready to pay monthly; they are ready to pay after the leave when I resume duty.

As per the Maternity Benefit Act, 1961, the employer is to pay 6 weeks' benefit in advance if applied for and well informed by the employee in time. Just go through the Maternity Benefit Act, 1961; below is the provision in this act to this effect:

(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 the 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.

Regarding your second point, one is to get almost gross salary, not basic wages, as maternity benefit. Regarding your company handbook and policy, no one can design a policy in contrast to legal provisions, i.e., the act.

Rest, let other seniors see and comment.

Regards,
Atul

As per the Maternity Benefit Act of 1961, the employer is required to pay 6 weeks' benefits in advance if applied for and well informed by the employee in a timely manner. Below is the provision in this act that addresses this requirement:

Maternity Benefit Payment

(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 the production of such proof as may be prescribed that the woman is pregnant. The amount due for the subsequent period shall be paid by the employer to the woman within forty-eight hours of the production of such proof as may be prescribed that the woman has been delivered of a child.

Regarding your second point, one is entitled to receive almost the gross salary, not just basic wages, as maternity benefit. Concerning your company handbook and policy, no one can design a policy that contradicts the legal provisions outlined in the act.

Rest assured, let other seniors review and comment on this matter.

Regards,
Atul

"Wages" means all remuneration paid or payable in cash to a woman if the terms of the contract of employment, express or implied, were fulfilled. This includes:

1. Cash allowances (including dearness allowance and house rent allowance) to which a woman is entitled at that time.
2. Incentive bonus.
3. The monetary value of concessional supply of food grains and other articles.

However, it does not include:

(i) Any bonus other than incentive bonus.
(ii) Overtime earnings and any deductions or payments made for fines.
(iii) Any contributions paid or payable by the employer to any pension fund or provident fund or for the woman's benefit under current laws.
(iv) Any gratuity payable upon the termination of service.

Regards,
Siva Kumar Tata

The provisions contained in the handbook are quite illegal, as they are contrary to the provisions of the Maternity Benefit Act 1961.

Hi Neha, as wonderfully contributed by members of the forum here, I would like to add that you should read the Maternity Benefit Act of 1961. Draft a letter to HR officially applying for maternity leave, along with the legally allowed benefits and compensation. Arrange the relevant clauses from the law for HR's reference, and attach a medical report of your pregnancy.

Do not mention anything regarding the employee handbook that is not consistent with the law, as this may offend the management. Keep your approach polite and professional. Convey the rules of the law in such a way that you are simply seeking what you deserve as per the law. Before approaching management, carefully read the law yourself to understand your rights and limitations.

All the best.

As suggested by Mr. Hussain Zulpikar, simply apply for Maternity Leave and Benefits quoting provisions of the Maternity Benefit Act. Mention in your application the leaves and benefits you expect from the employer. Be clear about the number of days of leave and benefits based on gross salary, not basic alone. In case management refers to their internal rules and policies, politely but firmly inform them that they are supposed to follow the Act and their rules are illegal. If they remain adamant, you can approach the local labor inspector, and a simple phone call from an inspector should solve your problem in a minute.

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"Thanks to all for the information. Now please guide me, how can I convince the company for the same.

Regards, Neha"

A lot of them have already guided you. Just to sum up, any female employee is entitled to receive the same gross salary as she gets per month as per the Maternity Benefit Act, Government of India. You will be eligible for a minimum of 6 weeks of leave before the maternity date and 6 weeks post-delivery without any deduction in salary. Also, ensure that the company pays you the Maternity Benefit amount as well.

God Bless you!

Regards,
Maitre HR
Maitre Placement Services (Link: [Maitre Placement Services](http://www.maitre.co.in))

The members' comments will help you approach your HR to register your rights of eligibility for maternity benefits. Additionally, as per the Act, a woman is entitled to 12 weeks of paid leave, of which she will be paid 6 weeks of gross pay before proceeding on maternity leave and the rest after resuming duty. Therefore, you are entitled to 12 weeks of paid leave calculated based on gross salary only, not on basic salary.

Furthermore:
1. An additional leave with pay of up to one month is granted if a woman provides proof of illness due to pregnancy, delivery, miscarriage, or premature birth.
2. Two nursing breaks are allowed during her daily work until the child is 15 months old.
3. No discharge or dismissal is permitted while she is on maternity leave.
4. Pregnant women who are discharged or dismissed may still claim maternity benefits from the employer.

Wishing you good luck and God bless you.

Best,
T. Kumar

As per the Maternity Benefit Act, 1961, the employer is to pay 6 weeks' benefit in advance if applied and well informed by the employee in time. Just go through the Maternity Benefit Act, 1961; below is the provision in this act to this effect:

Maternity Benefit Payment Provisions

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 the 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 the production of such proof as may be prescribed that the woman has been delivered of a child.

Regarding your second point, one is to get almost gross salary, not basic wages as maternity benefit. Regarding your company handbook and policy, no one can design a policy in contrast to legal provisions, i.e., the act.

Rest, let other seniors see and comment.

Maternity Benefits Under Bangladesh Labor Code 2006

According to the Bangladesh Labor Code 2006, every woman employed in an establishment shall be entitled to, and her employer shall be liable for, the payment of maternity benefits in respect of the period of eight weeks preceding the expected day of her delivery and eight weeks immediately following the day of her delivery.

Provided that:
1. A woman shall not be entitled to such maternity benefits unless she has worked under the employer for a period of not less than six months immediately preceding the day of her delivery.
2. No maternity benefit shall be payable to any woman if, at the time of her confinement, she has two or more surviving children, but in that case, she shall be entitled to the leave to which she would otherwise be entitled.

An employer shall pay maternity benefits to a woman entitled thereto in such one of the following ways as the woman desires, namely:
- (a) For eight weeks, within three working days of the production of a certificate signed by a registered medical practitioner stating that the woman is expected to be confined within eight weeks of the date of the certificate, and for the remainder of the period for which she is entitled to maternity benefits under this act within three working days of the production of proof that she has given birth to a child; or
- (b) For the said period up to and including the day of delivery, within three working days of the production of proof that she has given birth to a child, and for the remainder of the said period, within eight weeks of the production of such proof; or
- (c) For the whole of the said period, within three working days of the production of proof that she has given birth to a child.

The maternity benefit which is payable under this act shall be calculated by dividing the total wages earned by the woman during the three months immediately preceding the date on which she gives notice under this act by the number of days she actually worked during the period.

Regards.

Hello All,

Thanks for your valuable suggestions and guidance. I have applied for leave and asked them for the maternity benefits more than two weeks ago, but they haven't given me any reply. I am unsure of what to do.

Regards,
Neha

• Submit another letter/application giving reference to your earlier application/letter.
• State in this letter that you have not received any oral or written response to your earlier letter. I assume that my claim for maternity leave and benefits under the provisions of the Maternity Benefits Act is accepted since nothing to the contrary has been communicated. Thank you.

Just issue a reminder in a humble way to the management by clearly indicating that in the absence of a response from the management, the maternity leave would be deemed to have been granted under the provisions of the Maternity Benefits Act. You would proceed on leave from the date already notified to the management. Also, ask for the acknowledgment of your earlier application as well as your reminder. Don't forget to attach a copy of your original application so that the management may not pretend that your application was not received from you. Deliver your reminder with the attachment under receipt at the receipt and dispatch counter or by Registered or Speed Post.

Hello All, thanks for your valuable suggestions and guidance. I have applied for the leave and asked for the maternity benefits more than two weeks ago. However, I have not received any reply. I am unsure about what to do next.

Regards,
Neha

Today, I have talked with management. They are saying that I have to take the leave six weeks before the delivery date. Is it so? Please guide me.

Regards,
Neha

Understanding Maternity Benefits

The total maternity benefit available under the act is 12 weeks, i.e., 6 weeks before delivery and 6 weeks after delivery. However, as held by many court rulings, it is not necessary that it has to be divided strictly between 6 weeks before and 6 weeks after delivery. One cannot claim benefits for more than 6 weeks before delivery, but in case the benefit claimed before delivery is less than 6 weeks, the remaining time can be availed after delivery. The total benefit will still be 12 weeks.

In short, there could be 2 weeks of leave before delivery, and therefore, 10 weeks of leave after delivery, making it a total of 12 weeks.

"Today I talked with management. They are saying that I have to take the leave before 6 weeks of the delivery date. Is it so? Please guide me."

Regards,
Neha