Hi guys, Can we hold employee salary when she is on maternity leave and give once she rejoins the company. pls suggest
From India, Delhi
Acknowledge(0)
Amend(0)
From India, Delhi
Acknowledge(0)Amend(0)
Hi, Strictly no. You are not supposed to withhold the salary while on maternity leave. As per the Maternity Benefit Act, 182 days of leave are to be sanctioned along with wages on a monthly basis until the completion of the maternity leave period.
From India, Madras
Acknowledge(2)
Amend(0)
1015From India, Madras
Acknowledge(2)Amend(0)
To add to the aforementioned opinion and to clarify further, the law mandates that the maternity benefit must be paid in advance: (1) for the period prior to delivery upon receipt of intimation to this effect from the woman employee concerned, and (2) upon receipt of information about delivery, the remaining maternity benefit. {Section 6(5)}
Though this is a technical or procedural requirement, Labour Inspectors check on this aspect, and they don't overlook it when they scrutinize an organization.
From India, Mumbai
Acknowledge(2)
Amend(0)
Though this is a technical or procedural requirement, Labour Inspectors check on this aspect, and they don't overlook it when they scrutinize an organization.
From India, Mumbai
Acknowledge(2)Amend(0)
Dear Deepika Bisht, No, you cannot go against the law. You have to pay the full salary during the entire time she is on maternity leave. In addition, the employee can provide further maternity benefits or leave days according to her employment contract or applicable laws.
Acknowledge(1)Amend(0)
Acknowledge(1)Amend(0)
Thank you Actually my employer want the proof, can you share the clause where its mention about the salary.
From India, Delhi
Acknowledge(0)Amend(0)
From India, Delhi
Acknowledge(0)Amend(0)
Hi,
Please refer to the link: https://labour.gov.in/sites/default/...fitAct1961.pdf
Notice of claim for maternity benefit and payment thereof
(1) Any woman employed in an establishment and entitled to maternity benefit under the provisions of this Act may give notice in writing in such form as may be prescribed, to her employer, stating that her maternity benefit and any other amount to which she may be entitled under this Act may be paid to her or to such person as she may nominate in the notice and that she will not work in any establishment during the period for which she receives maternity benefit.
(2) In the case of a woman who is pregnant, such notice shall state the date from which she will be absent from work, not being a date earlier than six weeks from the date of her expected delivery.
(3) Any woman who has not given the notice when she was pregnant may give such notice as soon as possible after the delivery.
(4) On receipt of the notice, the employer shall permit such woman to absent herself from the establishment until the expiry of six weeks after the day of her delivery.
The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on the production of such proof as may be prescribed that the woman is pregnant, and the amount due for the subsequent period shall be paid by the employer to the woman within forty-eight hours of production of such proof as may be prescribed that the woman has been delivered of a child.
From India, Madras
Acknowledge(2)
Amend(0)
Please refer to the link: https://labour.gov.in/sites/default/...fitAct1961.pdf
Notice of claim for maternity benefit and payment thereof
(1) Any woman employed in an establishment and entitled to maternity benefit under the provisions of this Act may give notice in writing in such form as may be prescribed, to her employer, stating that her maternity benefit and any other amount to which she may be entitled under this Act may be paid to her or to such person as she may nominate in the notice and that she will not work in any establishment during the period for which she receives maternity benefit.
(2) In the case of a woman who is pregnant, such notice shall state the date from which she will be absent from work, not being a date earlier than six weeks from the date of her expected delivery.
(3) Any woman who has not given the notice when she was pregnant may give such notice as soon as possible after the delivery.
(4) On receipt of the notice, the employer shall permit such woman to absent herself from the establishment until the expiry of six weeks after the day of her delivery.
The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on the production of such proof as may be prescribed that the woman is pregnant, and the amount due for the subsequent period shall be paid by the employer to the woman within forty-eight hours of production of such proof as may be prescribed that the woman has been delivered of a child.
From India, Madras
Acknowledge(2)Amend(0)
Deepika, you cannot withhold the salary of employees when she is on maternity leave; it's against the law. The question remains: why would management pressure for this, as it would be strictly noncompliant.
Regards, Shivaji
From India, Pune
Acknowledge(0)Amend(0)
Regards, Shivaji
From India, Pune
Acknowledge(0)Amend(0)
What if an employee take Maternity leaves and then leave the company after 6 months. how can we avoid that.
From India, Delhi
Acknowledge(0)Amend(0)
From India, Delhi
Acknowledge(0)Amend(0)
Hi, good question. Yes, it is very common among maternity cases where most employees tend to submit resignations. If you check with them, the reason mostly would be that they want to take care of the baby, want to feed the baby, etc. For those employees, once they complete 182 days, in case of any request for further extension of leave for 1 or 2 months, please consider it favorably so that they can nurture their newborn baby. If the nature of the employee's work permits work from home, provide that facility voluntarily for another 4-5 months so that they can balance both work and family at the same time. Thereby, you can ensure their continuance with your organization.
From India, Madras
Acknowledge(1)Amend(0)
From India, Madras
Acknowledge(1)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Maternity Benefits Act 1961.pdf
Payment during Maternity Leave under the Maternity Act.docx