Maternity Leave Confusion: Does LWW Cover 3 Months Paid Leave in Payroll Firms?

I am working in a private organization, which is a payroll outsourcing firm. According to them, they do not have any leave policy despite following LWW, which is also part of our proposed take-home. I want to know if they cover any employee under LWW, then is she not eligible for 3 months of paid maternity leave? If yes, how? If no, why?

Understanding LWW: Leave Without Wages

What is LWW? Is it Leave with/without wages or anything else? What are the terms covered under LWW to give you an appropriate view?

Thank you for your question about LWW. LWW typically stands for Leave Without Wages, which means taking time off from work without pay. The terms covered under LWW can vary depending on company policies and employment laws. Common reasons for taking LWW include personal reasons, emergencies, or other situations where an employee needs time off but does not have available paid leave. It's important to check with your HR department or refer to your company's policies to understand the specific terms and conditions related to LWW. If you have any more questions or need further clarification, feel free to ask.

This is leave with wages, which is included within the in-hand salary, stating that it includes 2 days' leave payment on a monthly basis. This is not paid in addition to the salary, but it is also one of the components decided within the take-home salary.

If it is already included as part of the salary, then leave wage will not be applicable. However, if the employee is covered under the ESIC Scheme, then she may opt for it. This is my view; please wait for seniors to provide their advice.

It means maternity leave benefits will not be applicable in this case.

Maternity Leave and ESIC Limit

If the take-home salary exceeds the ESIC limit, then in this case, no maternity leave is applicable to female employees, and any medical benefits would not be available.

Employers haven't discussed anything regarding the LWW clause. When the leave amount was deducted from the salary, we came to know the exact situation. Previously, we hadn't even heard about it. But how is it possible for the employer to escape from providing this maternity benefit of medical facilities when it is the right of an employee? Especially when a female employee has already completed 1.5 years in the organization.

Nothing is mentioned in the offer letter regarding the leave policy, regardless of the salary structure, in which one salary head as LWW is mentioned. There was no discussion or clarification provided on any other aspect.

If the terms of LWW are not mentioned or discussed, you should apply for MB as per the Act and wait for the reply. If no reply is received, send gentle reminders and proceed with your MB Leave.

Ok, thanks. Only one last question: can an employer escape from giving medical benefits only if it is clearly mentioned in the offer letter as terms and conditions? It is not legally verified that the employer has the authority to escape by just mentioning LWW.

No employer can escape from giving maternity benefits, and an employer would not specify these things in writing as they will face legal consequences. However, the terms can be drafted in such a way that they can avoid legality.

If he hasn't written anything in the offer letter regarding any kind of leave, then even if LWW is mentioned as one salary component, we can ask him for MB, right? If I concluded this from our overall discussion, there is no clause in the LWW Act that signifies an employee is deprived of receiving MB.

Yes, there is no Act called LWW to the best of my knowledge. Please inform your employer and ask about the Maternity Benefit (MB) Act before proceeding with your leave.

Notification of Maternity Leave

She should give written notice to the employer about seven weeks before the date of her delivery, stating that she will be absent for six weeks before and after her delivery. She should also name the person to whom payment will be made in case she cannot take it herself.

For your reference, I am enclosing my appointment letter. Kindly go through it if possible, and clarify whether there is any clause that prohibits me from taking MB.

Regards.

Good morning, I am going through your overall reply. I have one more question to clarify. In an earlier post, you mentioned that if the employer specifies leave with wages as a component of the salary, then I am not eligible for MB. In the offer letter, it only mentions LWW, but on the salary slip, it is stated as leave with wages. So, in this case, does my employer have a justified reason for not allowing me for MB?

Okay, it means if nothing is mentioned in the offer letter regarding the leave policy, then only mentioning leave with wages amount in the salary slip does not provide a justified answer to the employer to escape from giving maternity benefits (MB).

Can you please clarify what "leave with wages" is all about? And how does it work as a salary component?

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Sure, "leave with wages" typically refers to the provision where an employee is allowed to take time off from work while still receiving their regular salary. This can include various types of paid leave such as vacation days, sick leave, or other forms of paid time off. The specifics of how leave with wages functions as a salary component can vary depending on company policies and employment contracts. In general, the idea is to ensure that employees can take time off when needed without experiencing a financial loss.

Sir, have you deleted your last post in which you replied to me regarding my question? Okay, if nothing is mentioned in the offer letter regarding the leave policy, then only mentioning the leave with wages amount in the salary slip does not provide a justified answer to the employer to escape from giving maternity benefits.

Attribution: https://www.citehr.com/510611-want-k...#ixzz3Il1NZXpQ

I don't know why it is not shown here. I have replied that if nothing is mentioned, then the employee can assume it to be CL/SL/PL and no other leaves.

Are you a permanent employee? Are you receiving a salary with basic deductions like PF/ESI/PT, etc.? Did you serve at least 9 months in the company preceding the date of delivery? If all the answers are yes, then you are entitled to 84 days of basic wages plus 1000 rupees as a medical allowance for your delivery. If the company is still not accepting and paying, please visit the nearest labor office.

If your total working period with the current employer is more than 9 months, then yes, you are entitled to maternity leave irrespective of your salary components. You can take leave 6 weeks before delivery and 6 weeks after delivery. They cannot correlate LWW to maternity leave and deny leave to a pregnant woman.

Note: They have no right to terminate or dismiss the employee while on maternity leave. In case of any violation, they will have to face legal issues. I hope this clears your queries.

LWW and Maternity Leave Policy

LWW is applicable irrespective of gender. In a financial year, if a woman first obtains maternity benefits, she shall be paid. However, in the same year, if the woman seeks leave, it would be considered a loss of pay. Conversely, if the woman has taken LWW first and then later maternity leave in the same year, it is up to the company to decide whether to grant maternity leave with pay or without pay for specific days since LWW has already been taken.

I didn't understand your view. At the time of the interview, we haven't received anything that clarifies what LWW is all about and why this has been included as one of the salary components in our proposed salary. Only in our salary structure is LWW mentioned; in the offer letter, regardless of any clarification that should have been included.

In this company, I have been working since 1st August '13, yet I am not eligible for ML. How is it possible for an employer to escape from providing ML when this is not the standard case in any organization? If simply mentioning LWW allows the employer to avoid providing leave or any other benefits, then what is the purpose of the MB Act? Is it the easiest way for the employer to include LWW as a proposed salary head and exempt themselves from all necessary acts or benefits that employees should receive?

In simple terms, when an employee joins a new organization, should they clarify their components with a lawyer so that the employer's intentions can be clearly understood? Kindly clarify.

In any organization, a woman is entitled to Maternity Leave Benefit (MLB), which means leave with salary. In a financial year, if a woman is granted MLB and then subsequently seeks another leave with salary, it may not be applicable in private organizations. It may result in a loss of pay and applies to the same financial year. However, you shall enjoy MLB in one year and leave with pay in the subsequent year as your rights. Every year, all employees are entitled to enjoy leave with pay. But having MLB and taking another leave with pay for a different reason in the same year may not be possible in private organizations.

In my case, should I go for ML or not? Am I eligible for ML as I have been with this organization since 1 August '13, and this LWW amount is shown every month on my salary slip?

Sir, kindly confirm this as per the legal obligations. This is one of the most confusing issues for me nowadays, so that's why I need clarification. Should I go for ML, or am I simply wasting my time and energy arguing this with my employer, please?