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Hi,

I have been told that during my maternity leave, I will only be paid my basic salary. Other elements of my salary, such as HRA and variable pay, will not be given to me. I would like to understand if this is the case with everyone. Is only the basic salary given to employees?

From India, Bengaluru
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According to the Maternity Act of 1961, the definition of wages means all remuneration paid or payable in cash to a woman if the terms of the contract of employment, express or implied, are fulfilled. It includes:

- Such cash allowances (including dearness allowance and house rent allowance) as a woman is entitled to for the time being.
- Incentive bonus.
- The money value of the concessional supply of food grains and other articles.

However, it does not include:

- Any bonus other than incentive bonus.
- Overtime earnings and any deduction or payment made on account of fines.
- Any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the woman under any law for the time being in force.
- Any gratuity payable on the termination of service.

From the above definition, it is clear that the employer has to pay HRA too if you receive this in your previous salary. For any other doubts, please refer to the above definition.

With Regards,
Mr. Thumbs Up

From India, Chennai
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