Maternity Leave in IT Companies: Is It Always Paid or Does It Vary by Employer?

Hello Sir/Madam,

I am working as a senior software engineer in an IT company for the past 2 years. I want to know if maternity leave is paid for all IT companies with more than 10 employees, or if it depends on the company's HR department to provide paid or unpaid leave?

Please help me with this.

Thanks,
Pooja

Hello Pooja,

It is applicable to all types of private companies. Attached is the amendment copy. You can refer to www.simpliance.in for more labour law-related files. Here you can download for free and chat with labour law experts for clarification.

Thanks

Hi Guys,

I have a question regarding new maternity benefits. Let's say someone joins the organization in the initial stage of pregnancy (like 1 or 2 months), and this is neither disclosed by the employee nor is HR aware of it. Then, after completing 3 months with the organization, this employee seeks maternity benefits. In such a case, would maternity benefits be applicable or not?

Looking forward to your valuable answers.

Thanks in advance.

Regards, Nidhi

Before applying for Maternity Benefit under The Maternity Benefit Act, 1961, a female employee should have worked for a minimum of 80 (eighty) days in the 12 months immediately preceding the date of her expected delivery. If the employee is eligible for the benefit, it should be provided. Non-disclosure of pregnancy cannot be the ground for denying the benefit to an eligible employee. You have to find out about the eligibility factor, setting aside non-disclosure of pregnancy.

Hello HR Team,

Thank you for your reply. In case the company states that they will only pay the basic salary and not the actual salary, what should we do in that scenario? My company has more than 40 employees, and I have been working there for the past 2.3 years.

Thanks,
Pooja

Understanding the MB Amendment Act 2017

First, discuss with your HR team, and if they are not aware, make them aware of the MB Amendment Act 2017: "They have to pay in full excluding performance incentive or bonus." In case they do not agree, escalate it to a higher level as per company policy. If nothing works, then you can raise your complaint as below: "No employer has the right to put an expecting mother under any sort of duress."

Enforcement of the Act

The Central Industrial Relations Machinery (CIRM) in the Ministry of Labour is responsible for enforcing this Act. CIRM is an attached office of the Ministry and is also known as the Chief Labour Commissioner (Central) [CLC(C)] Organization. The CIRM is headed by the Chief Labour Commissioner (Central).

Legal Proceedings

No court inferior to that of a Metropolitan Magistrate or a Magistrate of the first class shall try any offense under this Act, and no such complaint shall be filed after the expiry of one year from the date on which the offense is alleged to have been committed.

Dear Pooja,

Please find the definition of wages as per The Maternity Benefit Act, 1961 for your perusal.