Maternity Benefits Payment: Monthly or After Returning to Work? How Do You Handle It?

What is the prescribed method of payment of maternity benefits?

Should maternity benefits be paid on a monthly basis or after 6 months when the employee resumes her job?

The payment for maternity leave benefits can be given to an employee once she rejoins duty after 6 months, or does it have to be given on a monthly basis?

Maternity Leave and Benefits

Whether or not, once a lady employee produces a certificate that she has been conceived and that she needs to avail the Maternity Benefit, she must decide whether she would like to avail the leave prior to delivery, post-delivery, or partially prior to delivery and post-delivery. Normally, ladies choose to start the leave from the ninth month before delivery and use the remainder of the Maternity leave after delivery. She has to specify the dates precisely, along with the doctor's certificate, which is used as proof of authenticity. In case of a chance of miscarriage, she also needs to produce the certificate on medical grounds and specify the number of days she would avail for Maternity Leave. Therefore, this Maternity Leave (ML) is treated similarly to Sick Leave (SL) and wages must be paid accordingly on a monthly basis. A lady employee should not be marked absent during this period. Another rule specifies that no misconduct should be posed on any lady who is availing this maternity leave. Hence, this needs to be treated with utmost caution. As HR professionals, we usually try to assist the lady employees during this time, and some organizations may have their own policies in addition to this enactment.

Requirements for Resuming Duties

There are certain requirements that she needs to fulfill, such as producing a certificate of fitness and confirming the date of conception, delivery, miscarriage, etc., in the fitness certificate as proof of authenticity when she resumes her duties.

Dear friend, I would request you to go through the entire provisions of Section 6 of the Maternity Benefit Act, 1961, particularly Section 6(5). As per Section 6(5), it is an advance payment in respect of the absence of 8 weeks prior to the date of delivery and immediate payment for the absence following the actual date of delivery, subject to the condition of the employee submitting notice in the prescribed form with the necessary medical certificate.

Therefore, as it is, it cannot be paid after her rejoining duty or monthly during her absence due to maternity.