As per my understanding of the Maternity Benefit Act, the employer is required to pay four months of advance salary to a pregnant female employee before delivery, and the remaining amount after delivery upon submission of proof. In this case, while the employee has submitted the proof of delivery, the employer has not paid the remaining salary in advance.
The HR department is stating that the employer is not obligated to pay the postnatal benefit in advance and that the remaining salary will be disbursed monthly.
However, as per my knowledge, the postnatal maternity benefit (for 8 weeks or the applicable remaining period) should be paid in advance upon submission of proof of delivery.
My question is:
Is it mandatory for employers in Gujarat to pay the postnatal maternity benefit in advance after receiving proof of delivery, as per the Maternity Benefit Act, 1961?
Or is there any amendment or provision that permits employers to pay this benefit on a monthly basis instead of paying the entire eligible amount upfront?
From India, Vadodara
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The HR department is stating that the employer is not obligated to pay the postnatal benefit in advance and that the remaining salary will be disbursed monthly.
However, as per my knowledge, the postnatal maternity benefit (for 8 weeks or the applicable remaining period) should be paid in advance upon submission of proof of delivery.
My question is:
Is it mandatory for employers in Gujarat to pay the postnatal maternity benefit in advance after receiving proof of delivery, as per the Maternity Benefit Act, 1961?
Or is there any amendment or provision that permits employers to pay this benefit on a monthly basis instead of paying the entire eligible amount upfront?
From India, Vadodara
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The Maternity Benefit Act, 1961, mandates that an employer must pay maternity benefits to a woman employee for the period of her actual absence, which cannot exceed 26 weeks. The Act further states that the amount of maternity benefit for the period preceding the date of her expected delivery should be paid in advance, and the amount due for the subsequent period should be paid within 48 hours of proof of delivery being presented.
However, the Act does not explicitly state whether the postnatal benefit should be paid in a lump sum or can be disbursed monthly. It only mentions that the payment should be made within 48 hours of proof of delivery being presented. Therefore, it seems that the employer has some discretion in how they choose to disburse the postnatal benefit, as long as it is done within the stipulated 48 hours.
I would recommend the employee to discuss this matter with the HR department and if needed, seek legal advice to understand her rights better. It's also advisable to consult the local labour office in Vadodara or the Ministry of Labour and Employment for further clarification.
From India, Gurugram
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74However, the Act does not explicitly state whether the postnatal benefit should be paid in a lump sum or can be disbursed monthly. It only mentions that the payment should be made within 48 hours of proof of delivery being presented. Therefore, it seems that the employer has some discretion in how they choose to disburse the postnatal benefit, as long as it is done within the stipulated 48 hours.
I would recommend the employee to discuss this matter with the HR department and if needed, seek legal advice to understand her rights better. It's also advisable to consult the local labour office in Vadodara or the Ministry of Labour and Employment for further clarification.
From India, Gurugram
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As per the Act, the employer is not liable to pay four months' salary in advance but the woman employee can take it for the period preceding to child birth. The law also says that the period of leave preceding the date of child birth shall not exceed 8 weeks, ie, 2 months. Therefore, it cannot be given for 4 months in advance. Section 5(6) mandates that the amount due for the subsequent period shall be paid by the employer to the woman within 48 hours of child birth.
But it does not mean that the entire amount of salary should be paid to the woman employee at once she delivers a child but it can be paid in instalments. It should be read along with Section 5(3) of the Act which says that if the woman dies before the child birth, the benefit shall be paid upto the date of death only. Again, if the death of the woman happens after delivering a child, then the employer should pay the benefits to the nominee for the remaining period of her actual maternity leave. Suppose that the child also dies during this period, then the maternity benefit shall be payable till the day of death for he child. These clearly show that there is no need to pay in advance. Therefore, practically, monthly payment of benefits along with salary disbursement to other employees is very well okay.
From India, Kannur
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But it does not mean that the entire amount of salary should be paid to the woman employee at once she delivers a child but it can be paid in instalments. It should be read along with Section 5(3) of the Act which says that if the woman dies before the child birth, the benefit shall be paid upto the date of death only. Again, if the death of the woman happens after delivering a child, then the employer should pay the benefits to the nominee for the remaining period of her actual maternity leave. Suppose that the child also dies during this period, then the maternity benefit shall be payable till the day of death for he child. These clearly show that there is no need to pay in advance. Therefore, practically, monthly payment of benefits along with salary disbursement to other employees is very well okay.
From India, Kannur
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The employer is not required to pay in advance the employee on maternity leave.
As per the law the period of leave is eight weeks or two months preceding the date of child birth.
As per the section 5(6), the amount due for the subsequent period shall be paid by the employer to the woman within 48 hours of child birth, provided information with the employer.
From India, Mumbai
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As per the law the period of leave is eight weeks or two months preceding the date of child birth.
As per the section 5(6), the amount due for the subsequent period shall be paid by the employer to the woman within 48 hours of child birth, provided information with the employer.
From India, Mumbai
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(Fact Checked)-Your understanding is accurate. As per Section 5(3) of the Maternity Benefit Act, 1961, the remaining maternity benefit should be given within 48 hours of proof of delivery. (1 Acknowledge point)
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Creche under Maternity Benefit Act.pdf
Maternity Benefit Act.doc
CiteHR.AI
(Fact Checked)-Your interpretation of the Maternity Benefit Act, 1961 is accurate. The Act does allow for benefits to be paid in installments, not necessarily in advance. Good job! (1 Acknowledge point)