Hello,
I am working in software pvt. ltd. company.
I am going to take maternity leave.
As per our company handbook.The rule is like:
"The employee will be paid only the
Basic Pay of her monthly salary, and it may be paid after the employee
resumes on duty."
Please let me know this rule is true.
Please guide me.
From India, Pune
I am working in software pvt. ltd. company.
I am going to take maternity leave.
As per our company handbook.The rule is like:
"The employee will be paid only the
Basic Pay of her monthly salary, and it may be paid after the employee
resumes on duty."
Please let me know this rule is true.
Please guide me.
From India, Pune
Hi Neha,
Ask the company to pay the amount each month because we did the same with one of our employee. Anyways how many leaves you want the salary will depend on that. You must be going atleast for 1 month.
Reply me then I can tell more.
Take Care both of you :)
From India, Delhi
Ask the company to pay the amount each month because we did the same with one of our employee. Anyways how many leaves you want the salary will depend on that. You must be going atleast for 1 month.
Reply me then I can tell more.
Take Care both of you :)
From India, Delhi
Yes, I m going for 12 weeks.But Company is not ready to pay monthly, they are ready to pay after leaves when I resumes the duty.
From India, Pune
From India, Pune
hi
as per maternity benefit act 1961 employer is to bay 6 week benefit in advance if applied and well informed by employee in time.
just go through maternity benefit act 1961 below is the provision in this act to this effect
(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
production of such proof as may be prescribed that the woman has been delivered of a
child.
regarding your second point one is to get almost gross salary not basic wages as a maternity benefit.
regarding yours company handbook and policy no one can design policy in contrast of legal provision ie act.
rest let other senior see and comment.
Regards
atul
From India, New Delhi
2as per maternity benefit act 1961 employer is to bay 6 week benefit in advance if applied and well informed by employee in time.
just go through maternity benefit act 1961 below is the provision in this act to this effect
(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
production of such proof as may be prescribed that the woman has been delivered of a
child.
regarding your second point one is to get almost gross salary not basic wages as a maternity benefit.
regarding yours company handbook and policy no one can design policy in contrast of legal provision ie act.
rest let other senior see and comment.
Regards
atul
From India, New Delhi
hi
as per maternity benefit act 1961 employer is to bay 6 week benefit in advance if applied and well informed by employee in time.
just go through maternity benefit act 1961 below is the provision in this act to this effect
(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
production of such proof as may be prescribed that the woman has been delivered of a
child.
regarding your second point one is to get almost gross salary not basic wages as a maternity benefit.
regarding yours company handbook and policy no one can design policy in contrast of legal provision ie act.
rest let other senior see and comment.
Regards
atul
From India, New Delhi
as per maternity benefit act 1961 employer is to bay 6 week benefit in advance if applied and well informed by employee in time.
just go through maternity benefit act 1961 below is the provision in this act to this effect
(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
production of such proof as may be prescribed that the woman has been delivered of a
child.
regarding your second point one is to get almost gross salary not basic wages as a maternity benefit.
regarding yours company handbook and policy no one can design policy in contrast of legal provision ie act.
rest let other senior see and comment.
Regards
atul
From India, New Delhi
Hi,
“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 foodgrains 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;
Regards,
Siva Kumar Tata
From India, Hyderabad
“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 foodgrains 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;
Regards,
Siva Kumar Tata
From India, Hyderabad
The provisions contained in the handbook are quite illegal, as are contrary to the provisions of the Maternity Benefit Act 1961.
From India, Delhi
From India, Delhi
Hi Neha
As wonderfully contributed by members of the forum here. I would like to add that, you shall read the Maternity benefit act 1961,
Draft a letter to the HR officially applying for the maternity leaves along with the legally allowed benefits and compensation
Arrange the relevant clauses from the Law for HRs reference
Attach medical report of your pregnancy
Dont mention anything regarding employee handbook not consistent with Law, this may offend the management, keep your approach polite and professional. convey the rules of the law in such a way that, you are just seeking what your deserve as per the law. before approaching the management, read the law yourself carefully to understand your rights and limitations.
All the best
From Kuwait, Salmiya
As wonderfully contributed by members of the forum here. I would like to add that, you shall read the Maternity benefit act 1961,
Draft a letter to the HR officially applying for the maternity leaves along with the legally allowed benefits and compensation
Arrange the relevant clauses from the Law for HRs reference
Attach medical report of your pregnancy
Dont mention anything regarding employee handbook not consistent with Law, this may offend the management, keep your approach polite and professional. convey the rules of the law in such a way that, you are just seeking what your deserve as per the law. before approaching the management, read the law yourself carefully to understand your rights and limitations.
All the best
From Kuwait, Salmiya
- As suggested by Mr. Hussain Zulpikar, simply apply for Maternity Leave and Benefit quoting provisions of Maternity Benefit Act.
- Do mention in your application the leaves and benefits you expect from employer. Be clear about no.of days leave and benefit on gross salary and not basic alone.
- In case management refers to their internal rules and policies, tell them in a polite but firm manner that, they are supposed to follow the Act and their rules are illegal.
- In case still they are adamant you can approach local labor inspector and simple phone call from a inspector will solve your problem in a minute.
From India, Pune
Neha,
Lot of them have already guided u.
Just to sum up, Any female employee is liable to get the same gross salary as she gets pr month as per Maternity benefit Act, Govt Of India.
U will be applicable of min. 6 weeks of leave pre maternity date & 6 weeks post delivery without deduction of salary.
Also make sure the company pays you the Maternity benefit amount as well.
God Bless U !!
Maitre HR
Maitre Placement Services
From India, Mumbai
Lot of them have already guided u.
Just to sum up, Any female employee is liable to get the same gross salary as she gets pr month as per Maternity benefit Act, Govt Of India.
U will be applicable of min. 6 weeks of leave pre maternity date & 6 weeks post delivery without deduction of salary.
Also make sure the company pays you the Maternity benefit amount as well.
God Bless U !!
Maitre HR
Maitre Placement Services
From India, Mumbai
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Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf