Is It Legal for Employers to Withhold Salary from Pregnant Employees? Seeking Advice on Maternity Benefits

Hi all,

Please advise, an employee in my friend's company is seven months pregnant, and what if the company does not pay her salary.

Please advise, is it mandatory to pay the full salary for 26 weeks as per the Maternity Benefit Act? Are there any provisions for the employer to not pay salary or benefits to her? According to my friend, her performance was not good, and she was not punctual.

Please reply.

Kindly write a letter to the appointing authority and await their reply (by registered post). Send a letter to the labor authority (the authority responsible for maternity benefits) regarding the same.

Dear Harman,

If a company does not pay maternity benefits, it will be against the law, and punishment will be imposed on the company. If an employee is covered under ESIC, then the benefits will be paid by ESIC, and if not, then the company is liable to pay the amount. Along with 26 weeks of salary, she is also entitled to Maternity Bonus as well.

Maternity benefits and leave are a legal requirement. No employer can deny legally mandated benefits. That an employee is not a good performer is beside the point and has no relevance to the payment of maternity benefits. Is the case from India or the UK? Even the UK has similar benefits under the Maternity Benefits Act.

[Link to UK maternity pay and leave information](https://www.gov.uk/maternity-pay-leave)

Official Intimation and ESI Coverage

Had she intimated officially to the employer about the pregnancy? If not, do it immediately.

Was she covered under the ESI Act? If yes, then ESI authorities have to pay. If the company engages 10 or more all-inclusive employees, then only the Act is applicable to them. In such a case, the employer will have to extend the benefit.

Steps to Take

Start with an email intimation and make a claim. Wait for a couple of days for a reply. If no intimation is received, inform them that she will have to approach the labor office regarding the matter. If still nothing happens, approach the local labor office and seek their guidance.

Provision of Maternity Benefit Act

Eligibility:
Subject to the provisions of the Act, every woman who has actually worked in an establishment of the employer from whom she claims maternity benefits for a period of not less than one hundred and sixty days, including the days during which she was laid off.

Payment of Maternity Benefit:
Section 6(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 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.

1st Advance:
Salary for the period from the start date of maternity leave till the date of expected delivery or salary for 8 weeks, whichever is less. Within 48 hours from the date of receipt of the application for maternity leave.

2nd Advance:
Salary for 18 weeks (if paid 8 weeks in 1st installment) or more, i.e., 18 weeks + shortfall of 1st installment (if paid less than 8 weeks in 1st installment). Within 48 hours from the date on which the employee informs about her actual delivery.