Maternity Leave Dilemma: Should I Pay 5 or 6 Months of Benefits? Seeking Legal Advice

Dear Respected Seniors,

Need advice on the below query regarding maternity benefits. One of my colleagues is covered under the "26 Six Weeks leave" maternity benefit. My colleague joined the office after completing only 5 months. Now, I wish to know - do I have to pay 5 months maternity or 6 months maternity benefit? Which is legally correct? Your guidance is greatly appreciated.

Thanks and Regards,

Meenakshee Jadhav

Dear Meenakshee,

We need a little more clarity on your post. Please confirm what her Date of Joining (DOJ) is and what her expected delivery date is. To become eligible to avail of maternity leave, as per the Maternity Benefit Act, a woman employee must complete 80 days of continuous service.

Thanks,

Dinesh Divekar

Dear Meenakshi Jadhav, I think you want to ask that out of six months, your colleague only took 5 months' leave. First of all, why did you let her join before her leave completion? Please understand 26 weeks of leave is mentioned in the act. You should have told her to take rest for 1 more month.

Now, the answer to your question: she joined her duties before one month, which means she had attended the office for which you are going to pay her salary. Now, you tell me, if you are paying her salary, then where does the question of maternity leave benefit arise as she is actually not on leave.

Dear Dinesh Sir,

She is eligible from all angles as she meets all the eligibility criteria of the Maternity Benefit Act.

For your information.

Thanks and Regards,
Meenakshee Jadhav

Dear Meenakshi,

Has the employee submitted a medical certificate before resuming duty? As an employer, you are well aware that the employee in question is under maternity leave. Please put proper systems in place to avoid the recurrence of such things. You have to pay one month's salary for the work performed together with one month of maternity benefit/salary.

Dear Meenakshi,

Have you or your office asked the concerned to join early? If not, then there is nothing to worry. You should take an application with medical reports from the concerned individual stating that she joined her job willingly. The leave under the Maternity Benefit Act is up to 26 weeks. Therefore, you are liable to pay for the period of leave enjoyed by the employee.