As per the Maternity Benefit Act, a woman is entitled to 12 weeks of maternity leave. However, if she takes further leave of 3 months, which is unpaid leave, does the employer have to pay the employer's contribution under the Employees' State Provident Fund and Misc. Provisions Act?
It's really urgent. Also, what is the legal reason? Whether there is any case law on this point or any specific provision that deals with it?
From India, Mumbai
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It's really urgent. Also, what is the legal reason? Whether there is any case law on this point or any specific provision that deals with it?
From India, Mumbai
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There seems to be no specific ruling about the contribution towards PF on maternity leave. If you pay salary to an employee while on maternity leave, the same will attract PF, and both the employee and the employer shall contribute towards it. If the leave is extended for a further period of three months and if it is leave without pay, no salary is paid, and as such, no contribution will become due. The period for which no salary and contribution has been made shall become a non-contributory period. On the other hand, if the extended period is also paid, then a contribution will have to be made out of it.
Regards, Madhu.T.K
From India, Kannur
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4491Regards, Madhu.T.K
From India, Kannur
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Whether the Medical Bonus of Rs. 3500 under the Maternity Benefit Act is also payable by the employer, even if the employee is entitled to avail of Rs. 15000 per annum as Medical Allowance. Expecting senior's advice, please.
Regards,
V. Sridhar
From India, Mumbai
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Regards,
V. Sridhar
From India, Mumbai
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Medical allowance is something that you pay as per the contract of employment and is part of the salary or CTC. Medical bonus, on the other hand, is payable as per law to female employees to whom no prenatal or postnatal care has been extended by the employer. Therefore, you should pay the medical bonus irrespective of any medical allowance payable as part of the salary or CTC.
Madhu.T.K
From India, Kannur
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Madhu.T.K
From India, Kannur
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Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf