Can Employers Legally Withhold Half of Maternity Leave Pay Until Return? Seeking Clarity

Can a company withhold 50% of the salary of a female employee who is going on maternity leave for the period of the maternity break (182 days per law) and make the payment of the withheld 50% salary at the time the female employee rejoins after completing her maternity leave? Just want to understand how the payment of salary should be handled for a female employee going on maternity leave.

Please let me know if this is permissible or if there are any guidelines related to this situation. Thank you.

I would like to invite the attention of the poster to section 6 and particularly the sub-sections (5) and (6) therein of the Maternity Benefit Act, 1961.

The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance, and the amount due for the subsequent period shall be paid by the employer within 48 hours of production of such proof as may be prescribed.

Payment of Maternity Benefit

Post delivery, the payment of maternity benefit has to be made for the period of the "actual absence" of the employee. Therefore, in my opinion, the payment has to be made every month as is in the case of salary payment.

Regards, S. K. Mittal

[Phone Number Removed For Privacy-Reasons]

Sorry to differ from the observation of our learned friend S.K. Mittal.

Understanding the Employer's Intention

First and foremost, only upon realizing the intention of the employer as described in the post to make the payment of maternity benefit for the lawful absence period conditional upon the employee's rejoining, I have replied quoting the relevant provisions of the MB Act, 1961.

Legal Obligations Under the MB Act, 1961

Secondly, when the law states categorically how an obligation should be performed by the employer, I think no deviation or departure suiting the employer's convenience or personal conclusion is permissible. Certainly, such an act would land him into trouble that can be avoided by doing the thing exactly in the manner prescribed by law.