I would like to know about maternity leave. How many days of leave can we provide for maternity leave? Should we provide a full salary for all days, or is it half salary? Is there a specific procedure to approve maternity leave? In the event that an employee does not wish to continue with us after a 3-month maternity leave, what are our options?
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From India, Delhi
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6Thank you.
From India, Delhi
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Please find below the answers to your queries.
Maternity Leave Overview
I would like to know about maternity leave.
Duration of Maternity Leave
How many leaves can we provide as maternity leave? As per the law, we need to provide 84 days (6 weeks before delivery & 6 weeks post-delivery).
Salary During Maternity Leave
Should we have to provide a salary for all days? If she is not covered under ESIC, then the company has to pay the salary for the said days.
Full salary or half salary? Salary should be paid as the normal gross salary.
Procedure for Approving Maternity Leave
Is there any procedure to approve maternity leave? As per the law, the beneficiary (employee) needs to intimate her employer, but there is no provision to reject or refuse the leave on any ground. However, the company cannot force the employee to work in certain situations.
Post-Maternity Leave Employment
In case after 3 months of leave the employee does not want to continue with us, then what can we do? It's the employee's choice. However, you may proceed as per the employment terms; you can ask her to serve the notice period or recover the notice period from her Full & Final Settlement.
Thank you.
From India, Mumbai
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Maternity Leave Overview
I would like to know about maternity leave.
Duration of Maternity Leave
How many leaves can we provide as maternity leave? As per the law, we need to provide 84 days (6 weeks before delivery & 6 weeks post-delivery).
Salary During Maternity Leave
Should we have to provide a salary for all days? If she is not covered under ESIC, then the company has to pay the salary for the said days.
Full salary or half salary? Salary should be paid as the normal gross salary.
Procedure for Approving Maternity Leave
Is there any procedure to approve maternity leave? As per the law, the beneficiary (employee) needs to intimate her employer, but there is no provision to reject or refuse the leave on any ground. However, the company cannot force the employee to work in certain situations.
Post-Maternity Leave Employment
In case after 3 months of leave the employee does not want to continue with us, then what can we do? It's the employee's choice. However, you may proceed as per the employment terms; you can ask her to serve the notice period or recover the notice period from her Full & Final Settlement.
Thank you.
From India, Mumbai
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Payment during Maternity Leave under the Maternity Act.docx