Is It Fair for My Startup Employer to Withhold Salary During Maternity Leave? How Can I Object?

I am associated with a startup IT company for 1 year and 4 months, and currently, I am on approved maternity leave. Being a startup, there is no policy for this situation as of now. However, the employer did not process my salary without any prior intimation to me. When I enquired, I was told that my salary has been put on hold and will be paid once I resume my duties. Additionally, the salary will not be paid in full; they will calculate it based on my tenure of employment against the leaves taken.

The company was established in August 2011 and is registered under the Company Act but not yet registered under the Shops and Establishment Act, and is not complying with other regulations.

Please advise me if the employer's actions are legitimate, and as an employee, how can I raise my objections.

Regards,
Roshni

Dear Roshni, I hope you are aware that every organization has to abide by the maternity policy. If you are covered under the ESIC scheme, you are automatically covered under the maternity policy of ESIC. If you are not covered under the ESIC scheme, then your employer is still liable to provide you with all maternity benefits:

- 12 weeks of paid leave, with a minimum of 6 weeks to be given post-delivery.
- Salary paid is the average pay given to you in the 3 months preceding the date you applied for maternity leave. (Note that you will not be paid amounts like conveyance/incentives/traveling allowance or other such amounts which are given to ease the commute to the office since you are not commuting.)
- Maternity Bonus in addition to this post your delivery. (In case the mother dies, the bonus and other maternity benefits are to be paid to the child/guardian.)
- Child for this matter also includes a stillborn child.
- If there are any diseases that you suffer from due to pregnancy, an additional one month's leave is to be granted.

Please check the following discussions as well for your information:

1. https://www.citehr.com/31043-payment...form-23-a.html

2. https://www.citehr.com/491695-paymen...ity-leave.html

Regards,

Dear Ankita, Thank you for your input. My company is not covered under ESIC, and I am above the ESIC limit. When I inquired with my employer about my due salary, they mentioned that as a startup, they are unable to pay my full salary. They have consulted some of their references, who indicated that this practice does not violate any regulations. However, they are unwilling to provide this information in writing. Could you please advise me on where I can file a complaint against my employer?

Regards,
Roshni

Maternity Benefits and Salary Entitlement

An employer has no right to deny maternity benefits (salary) after an employee rejoins following maternity leave. The fact that a company is a startup is not a valid reason to offer only a partial salary.

Regards,
Varghese Mathew
[Phone Number Removed For Privacy Reasons]