snc_m
1

Mr. Harikrishnan, Sir, Kindly clarify that during maternity leave i.e. 12 weeks, she should be paid her normal salary along with payment of 12 weeks extra or not. Thanks SNC Jamshedpur
From India, Ranchi
v.harikrishnan
169

Dear Mr.SNC During the period in which maternity benefit is availed, the woman employee is not entitled to her regular salary/wage.She is entitled only for the maternity benefit. With regards
From India, Madras
bharathi1990
13

Hi Mr. Harikrishna ,
I want to clear my doubt. Ours is IT company and we are deducting PF for employees.
My doubt is, we have house keeping and her salary is 4500 per month. Her salary expense is considered as admin expenses,
Is it right?
Then i just want to know, whether we need to deduct pf for her or not..
Kindly clear my doubts.

From India, Madras
fastanurag
4

agree with v harikrishnan
-----------------
For employee salary treated as Admin Expenses:
If any employee listed in ur payroll or register;their PF must be deducted.

From India, Gurgaon
Lubna Ambreen
1

Thanks all of you for clarifying my doubts, in particular Hari Sir. From where can i get the full details of the Maternity Benefit Act, in fact which site do I refer for referring this act?
Regards,
Lubna Ambreen

From India, Nagpur
gadde.mba
8

Mr.Gentleman,
to avail maternity benefit wages its mandatory to have 80days of contribution days at the time date of delivery confinement,but medical treatment will be available for free of cost. if her contribution is less than that company no need to pay towards maternity wages.
Regards
Naresh

From India, Hyderabad
snc_m
1

To,
Shri. Harikrishnan,
Respected Sir,
Thank you for quick answer.
What I have understood that
1) no regular salary is paid during said 12 weeks. Only Basic + DA is paid for 12 weeks. and no other allowance like TA, HRA etc. is paid as applicable in Govt. Sector.
2) Whether the payment i.e. one day basic + da x 12 weeks is comes under the Income Tax Act. i.e. Tax to be deducted or not.
3) Whether PF is deductable from Basic + DA or not
Kindly clarify it.
Thanks
SNC
Jamshedpur

From India, Ranchi
hranil1981
Respected Sir's
Please resolve these question
we know that ESI having provision in metrnity benefit. please clear that if we are not comlete esi benefit period. What happen on that time. i think esi will not clear that Mertnity claim. Will company pay that claim ? Next Question if somebody not cover in esi at that time company will pay Meternity Babefit amount. Where is it show In Factory act.

From India, Gurgaon
v.harikrishnan
169

Dear Mr.SNC

The following are your questions and my answers for them.

Question No (1) no regular salary is paid during said 12 weeks. Only Basic + DA is paid for 12 weeks. and no other allowance like TA, HRA etc. is paid as applicable in Govt. Sector.

Answer: The payment that is made during the maternity benefit period is not called as salary/wage. It is called maternity benefit. The quantum of maternity benefit payable under the Maternity Benefit Act is to put it very simply without using the legal langauge is the pay last drawn at the time the woman starts to avail maternity benefit.

Question No (2) Whether the payment i.e. one day basic + da x 12 weeks is comes under the Income Tax Act. i.e. Tax to be deducted or not.

Answer: The payment is not "salary or "wages". This much I can clarify. Whether it is taxable or not could be answered only by a tax expert.

Question No.(3) Whether PF is deductable from Basic + DA or not

Answer: Again as the payment is only "maternity benefit" and not "salary or wage" an expert in PF laws will be able to give you a correct answer. However my view is that PF deductions could be made based on section 13 of the Maternity Benefit Act.

With regards

From India, Madras
madhudl
Dear Rani,
If employee is not coming under ESI act , what is the Maternity Benefit act says about the Maternity benefit.

Que 1 . If employees is working with the same org. since 4 years ,without information if she went on leave from 1st month of carrying itself ,what employer has to do ?is it considerable for maternity benefit ?

Que 2 . After delivery if she sent mail saying that, I am on maternity leave how employers as to treat this?

Que 3 . what documents need to be submit to HR for maternity benefit ?

Que 4 . If she has taken leaves from 1st month of carrying what documents need to submit to employer?
am waiting for your reply.
Regards,
Madhu
9886817700

From India, Bangalore
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