I am working in a private organization, which is a payroll outsourcing firm. According to them, they do not have any leave policy despite following LWW, which is also part of our proposed take-home. I want to know if they cover any employee under LWW, then is she not eligible for 3 months of paid maternity leave? If yes, how? If no, why?
From India, Delhi
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From India, Delhi
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What is LWW, is it Leave with/without wages or anything else. What are the terms covered under LWW to give you appropriate view
From India, Ahmadabad
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747From India, Ahmadabad
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This is leave with wages, which is included within the in-hand salary, stating that it includes 2 days' leave payment on a monthly basis. This is not paid in addition to the salary, but it is also one of the components decided within the take-home salary.
From India, Delhi
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From India, Delhi
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If it is already included as part of the salary, then leave wage will not be applicable. However, if the employee is covered under the ESIC Scheme, then she may opt for it. This is my view; please wait for seniors to provide their advice.
From India, Ahmadabad
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From India, Ahmadabad
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It means maternity leave benefit will not be applicable in this case
From India, Delhi
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From India, Delhi
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take home salary is more than ESIC limit, then in this case no maternity leave is applicable to female employees and any medical benefit
From India, Delhi
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From India, Delhi
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Employers haven't discussed anything regarding the LWW clause. When the leave amount was deducted from the salary, we came to know the exact situation. Previously, we hadn't even heard about it. But how is it possible for the employer to escape from providing this maternity benefit of medical facilities when it is the right of an employee? Especially when a female employee has already completed 1.5 years in the organization.
From India, Delhi
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From India, Delhi
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Nothing is mentioned in offer letter regarding leave policy irrespective of salary structure in which one salary head as LWW is mentioned. No any other discussion or clearification.
From India, Delhi
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From India, Delhi
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If the terms of LWW is not mentioned or discussed, you should apply for MB as per the Act and wait for the reply. If no reply received send gentle reminders and proceed for your MB Leave
From India, Ahmadabad
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From India, Ahmadabad
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Ok, thanks. Only one last question: can an employer escape from giving medical benefits only if it is clearly mentioned in the offer letter as terms and conditions? It is not legally verified that the employer has the authority to escape by just mentioning LWW.
From India, Delhi
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From India, Delhi
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No employer can escape from giving MB, and employer would not specify this things in writing as they will face legal consequences. But the terms can be drafted in such a way that can avoid legality.
From India, Ahmadabad
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From India, Ahmadabad
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If he hasn't written anything in the offer letter regarding any kind of leave, then even if LWW is mentioned as one salary component, we can ask him for MB, right? If I concluded this from our overall discussion, there is no clause in the LWW Act that signifies an employee is deprived of receiving MB.
From India, Delhi
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From India, Delhi
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Yes, there is no Act called LWW to the best of my knowledge. Please intimate your employer asking the MB as per the Act before proceeding for your leave
From India, Ahmadabad
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From India, Ahmadabad
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Notification of Maternity Leave
She should give written notice to the employer about seven weeks before the date of her delivery, stating that she will be absent for six weeks before and after her delivery. She should also name the person to whom payment will be made in case she cannot take it herself.
From India, Ahmadabad
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She should give written notice to the employer about seven weeks before the date of her delivery, stating that she will be absent for six weeks before and after her delivery. She should also name the person to whom payment will be made in case she cannot take it herself.
From India, Ahmadabad
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For your refrence, i m enclosing my appoinment letter, kindly go through with if possible, & clearify whether their is any clause which prohibits form taking MB
From India, Delhi
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From India, Delhi
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Good morning, I am going through your overall reply. I have one more question to clarify. In an earlier post, you mentioned that if the employer specifies leave with wages as a component of the salary, then I am not eligible for MB. In the offer letter, it only mentions LWW, but on the salary slip, it is stated as leave with wages. So, in this case, does my employer have a justified reason for not allowing me for MB?
From India, Delhi
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From India, Delhi
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Okay, it means if nothing is mentioned in the offer letter regarding the leave policy, then only mentioning leave with wages amount in the salary slip does not provide a justified answer to the employer to escape from giving maternity benefits (MB).
From India, Delhi
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From India, Delhi
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can u please clearify what leave with wages is all about? & how it works as salary component?
From India, Delhi
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From India, Delhi
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Sir, have you deleted your last post in which you replied to me regarding my question? Okay, if nothing is mentioned in the offer letter regarding the leave policy, then only mentioning the leave with wages amount in the salary slip does not provide a justified answer to the employer to escape from giving maternity benefits.
Attribution: https://www.citehr.com/510611-want-k...#ixzz3Il1NZXpQ
From India, Delhi
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Attribution: https://www.citehr.com/510611-want-k...#ixzz3Il1NZXpQ
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I don’t know how come it is not shown in this, I have replied that if nothing is mentioned then the employee can assume it to be CL/SL/PL and no other Leaves
From India, Ahmadabad
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From India, Ahmadabad
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Are you a permanent employee? Are you receiving a salary with basic deductions like PF/ESI/PT, etc.? Did you serve at least 9 months in the company preceding the date of delivery? If all the answers are yes, then you are entitled to 84 days of basic wages plus 1000 rupees as a medical allowance for your delivery. If the company is still not accepting and paying, please visit the nearest labor office.
From India, Chennai
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From India, Chennai
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If your total working period with the current employer is more than 9 months, then yes, you are entitled to maternity leave irrespective of your salary components. You can take leave 6 weeks before delivery and 6 weeks after delivery. They cannot correlate LWW to maternity leave and deny leave to a pregnant woman.
Note: They have no right to terminate or dismiss the employee while on maternity leave. In case of any violation, they will have to face legal issues. I hope this clears your queries.
From India, Hyderabad
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Note: They have no right to terminate or dismiss the employee while on maternity leave. In case of any violation, they will have to face legal issues. I hope this clears your queries.
From India, Hyderabad
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LWW and Maternity Leave Policy
LWW is applicable irrespective of gender. In a financial year, if a woman first obtains maternity benefits, she shall be paid. However, in the same year, if the woman seeks leave, it would be considered a loss of pay. Conversely, if the woman has taken LWW first and then later maternity leave in the same year, it is up to the company to decide whether to grant maternity leave with pay or without pay for specific days since LWW has already been taken.
From India, Chennai
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LWW is applicable irrespective of gender. In a financial year, if a woman first obtains maternity benefits, she shall be paid. However, in the same year, if the woman seeks leave, it would be considered a loss of pay. Conversely, if the woman has taken LWW first and then later maternity leave in the same year, it is up to the company to decide whether to grant maternity leave with pay or without pay for specific days since LWW has already been taken.
From India, Chennai
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I didn't understand your view. At the time of the interview, we haven't received anything that clarifies what LWW is all about and why this has been included as one of the salary components in our proposed salary. Only in our salary structure is LWW mentioned; in the offer letter, regardless of any clarification that should have been included.
In this company, I have been working since 1st August '13, yet I am not eligible for ML. How is it possible for an employer to escape from providing ML when this is not the standard case in any organization? If simply mentioning LWW allows the employer to avoid providing leave or any other benefits, then what is the purpose of the MB Act? Is it the easiest way for the employer to include LWW as a proposed salary head and exempt themselves from all necessary acts or benefits that employees should receive?
In simple terms, when an employee joins a new organization, should they clarify their components with a lawyer so that the employer's intentions can be clearly understood? Kindly clarify.
From India, Delhi
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In this company, I have been working since 1st August '13, yet I am not eligible for ML. How is it possible for an employer to escape from providing ML when this is not the standard case in any organization? If simply mentioning LWW allows the employer to avoid providing leave or any other benefits, then what is the purpose of the MB Act? Is it the easiest way for the employer to include LWW as a proposed salary head and exempt themselves from all necessary acts or benefits that employees should receive?
In simple terms, when an employee joins a new organization, should they clarify their components with a lawyer so that the employer's intentions can be clearly understood? Kindly clarify.
From India, Delhi
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In any organization, a woman is entitled to Maternity Leave Benefit (MLB), which means leave with salary. In a financial year, if a woman is granted MLB and then subsequently seeks another leave with salary, it may not be applicable in private organizations. It may result in a loss of pay and applies to the same financial year. However, you shall enjoy MLB in one year and leave with pay in the subsequent year as your rights. Every year, all employees are entitled to enjoy leave with pay. But having MLB and taking another leave with pay for a different reason in the same year may not be possible in private organizations.
From India, Chennai
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From India, Chennai
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In my case, shall i go for ML or not. is i am eligible for ML as i m with this oraganization from 1 Aug13 and this lWW amount is shown with every month in my salary slip.
From India, Delhi
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From India, Delhi
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Grant of Maternity Benefit Leave to Women Employees Engaged under Outsourcing Policy in Haryana.pdf