Maternity Leave Dilemma: Do Employers Pay Replacements and How Much?

I have a query about maternity applicability. Is any female staff member who is refused any statutory benefits eligible for maternity benefits? Secondly, if she is on maternity leave and another female is deployed in her place, does the employer have to pay her, and how much?

Kindly advise.

Hi, Your question is not very clear.

Maternity Benefit Eligibility

If the female employee has worked for the employer for at least 80 days in the 12 months prior to delivery, then maternity benefit is applicable to the employee. This has nothing to do with statutory benefits like PF/ESI payments. However, if the employee is covered under ESI, then maternity benefit will be through ESI.

Salary Payment During Maternity Leave

If the employer employs another employee to manage the work, yes, salary needs to be paid by the employer based on the roles and responsibilities of the employee.