Hi, I need some information regarding the maternity leave policy. If an employee is taking maternity leave for six months, can we hold her salary until she returns, or do I have to pay the salary every month?
As I work in an HR recruitment firm, please suggest what to do, as sometimes employees leave the job at the end of their maternity leave. To prevent this, my manager is asking to hold the six months or at least the last two months' salary until the employee returns. However, I am not sure if we can do that or not.
Kindly help with this information.
Thanks in advance,
Srabanti
From India, Bengaluru
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As I work in an HR recruitment firm, please suggest what to do, as sometimes employees leave the job at the end of their maternity leave. To prevent this, my manager is asking to hold the six months or at least the last two months' salary until the employee returns. However, I am not sure if we can do that or not.
Kindly help with this information.
Thanks in advance,
Srabanti
From India, Bengaluru
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Hi Srabanti,
As per the maternity policy, payments have to be made on a monthly basis, and you cannot withhold the employee's salary for any months. It's mandatory for the organization to comply with the maternity policy.
Thanks,
Rekha Roy
HR Manager
From India, Noida
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As per the maternity policy, payments have to be made on a monthly basis, and you cannot withhold the employee's salary for any months. It's mandatory for the organization to comply with the maternity policy.
Thanks,
Rekha Roy
HR Manager
From India, Noida
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Hi,
As per the MB Act, 182 days of leave with salary should be provided to the employee, and the salary should be released on a monthly basis. However, some employers release 50% of the salary monthly, with the balance of accumulated salary paid once the employee resumes work after the maternity period.
In the case of resignation after 182 days, the employer cannot compel the employee to repay the 182 days' salary. Resignation is the choice of the employee, but the employer can request a notice period as per the employment terms.
Even if the salary is kept on hold, the employer is liable to release it once the employee resumes work. Therefore, holding the salary will not serve any purpose.
From India, Madras
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1015As per the MB Act, 182 days of leave with salary should be provided to the employee, and the salary should be released on a monthly basis. However, some employers release 50% of the salary monthly, with the balance of accumulated salary paid once the employee resumes work after the maternity period.
In the case of resignation after 182 days, the employer cannot compel the employee to repay the 182 days' salary. Resignation is the choice of the employee, but the employer can request a notice period as per the employment terms.
Even if the salary is kept on hold, the employer is liable to release it once the employee resumes work. Therefore, holding the salary will not serve any purpose.
From India, Madras
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Hi Lakshmi Narayanan,
Thank you for the insight. If you could help with the Act link or details, as I am planning to apply a 50% salary for ML employees, I would require it as a reference for management.
The reason for applying 50% as security is to get the employee back since the IT industry is very fragile in terms of switching over jobs.
Thanks,
Vaishali
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Thank you for the insight. If you could help with the Act link or details, as I am planning to apply a 50% salary for ML employees, I would require it as a reference for management.
The reason for applying 50% as security is to get the employee back since the IT industry is very fragile in terms of switching over jobs.
Thanks,
Vaishali
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Hi, Nowhere in the Maternity Benefit Act is it stated that 50% can be paid during the maternity period and the balance of 50% after the employee resumes duty. Some employers are following this with the mutual consent of the employee.
Section 6 in The Maternity Benefit Act, 1961
Please refer to Section 6 in The Maternity Benefit Act, 1961, especially sub-section 5:
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 during the period for which she receives the maternity benefit.
(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 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.
So, as per Section 6(5) of the Maternity Benefit Act, paying a monthly basis salary itself is not right.
Please refer to the link below:
https://indiankanoon.org/doc/85782/#...20payment%20of
From India, Madras
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Section 6 in The Maternity Benefit Act, 1961
Please refer to Section 6 in The Maternity Benefit Act, 1961, especially sub-section 5:
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 during the period for which she receives the maternity benefit.
(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 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.
So, as per Section 6(5) of the Maternity Benefit Act, paying a monthly basis salary itself is not right.
Please refer to the link below:
https://indiankanoon.org/doc/85782/#...20payment%20of
From India, Madras
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