Dear All,
Please see whether you can help me in this regard. Regarding Maternity leave, I have gone through the act, in which I have doubt.
1. Whether we have to pay full salary on her leave, i.e., 84 days, or only basic is enough to pay.
2. How the payment has to be done, what is the limit. In case of the following two: what is meant by average salary.
Any extension beyond 84 days must be on the advice of a Registered Medical Practitioner and adjusted against the existing sick leave balance. In the case of a miscarriage/illness arising out of pregnancy, the coverage for the employee.
Regards,
Ramya Shankar
From India, Pune
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1Please see whether you can help me in this regard. Regarding Maternity leave, I have gone through the act, in which I have doubt.
1. Whether we have to pay full salary on her leave, i.e., 84 days, or only basic is enough to pay.
2. How the payment has to be done, what is the limit. In case of the following two: what is meant by average salary.
Any extension beyond 84 days must be on the advice of a Registered Medical Practitioner and adjusted against the existing sick leave balance. In the case of a miscarriage/illness arising out of pregnancy, the coverage for the employee.
Regards,
Ramya Shankar
From India, Pune
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Dear Ramya,
Please go through the Maternity Benefit Act, 1961, and relevant State Rules; you will find all the details.
Well, I am just producing the extract from the Act for your ready reference:
1) Salary: "Wages" as defined u/s 3(n)
(n) "Wages" means all remuneration paid or payable in cash to a woman, if the terms of the contract of employment, express or implied, were fulfilled and includes:
(1) such cash allowances (including dearness allowance and house rent allowance) as a woman is for the time being entitled to;
(2) incentive bonus; and
(3) the money value of the concessional supply of food grains and other articles, but does not include:
(i) any bonus other than incentive bonus;
(ii) overtime earnings and any deduction or payment made on account of fines;
(iii) 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; and
(iv) any gratuity payable on the termination of service.
2) Payment of Maternity Benefit:
6. 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.
(5) 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 the production of such proof as may be prescribed that the woman has been delivered of a child.
(6) The failure to give notice under this section shall not disentitle a woman to maternity benefit or any other amount under this Act if she is otherwise entitled to such benefit or amount, and in any such case, an Inspector may either of his own motion or on an application made to him by the woman, order the payment of such benefit or amount within such period as may be specified in the order.
For your further queries, please click the following link and go through the Act:
http://www.vakilno1.com/
Read it along with the State Rules (if applicable) to get a complete picture.
Kind Regards,
SC
From India, Thane
Acknowledge(0)Amend(0)
Please go through the Maternity Benefit Act, 1961, and relevant State Rules; you will find all the details.
Well, I am just producing the extract from the Act for your ready reference:
1) Salary: "Wages" as defined u/s 3(n)
(n) "Wages" means all remuneration paid or payable in cash to a woman, if the terms of the contract of employment, express or implied, were fulfilled and includes:
(1) such cash allowances (including dearness allowance and house rent allowance) as a woman is for the time being entitled to;
(2) incentive bonus; and
(3) the money value of the concessional supply of food grains and other articles, but does not include:
(i) any bonus other than incentive bonus;
(ii) overtime earnings and any deduction or payment made on account of fines;
(iii) 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; and
(iv) any gratuity payable on the termination of service.
2) Payment of Maternity Benefit:
6. 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.
(5) 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 the production of such proof as may be prescribed that the woman has been delivered of a child.
(6) The failure to give notice under this section shall not disentitle a woman to maternity benefit or any other amount under this Act if she is otherwise entitled to such benefit or amount, and in any such case, an Inspector may either of his own motion or on an application made to him by the woman, order the payment of such benefit or amount within such period as may be specified in the order.
For your further queries, please click the following link and go through the Act:
http://www.vakilno1.com/
Read it along with the State Rules (if applicable) to get a complete picture.
Kind Regards,
SC
From India, Thane
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Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf
Payment during Maternity Leave under the Maternity Act.docx