Hello Seniors n Friends,
One issue arries in our Organisation i.e.....one of our staff is on maternity leave from last July10 onwards.she had taken leave from her 7the month of her pregnancy casuse of her health problem.in jan 11 she informed us that is will not able to join the work again and in Feb 11 she came and resign from her job.
we are paying leave sal as per calander year.........which we are paying in Fist month of each year.......so now if she is living give resignation in feb11 ...is she lligiable for leave sal for Jan10-dec 10and also for jan11 to Feb 11...in which she is on muster.
OR we need to pay her leave sal from Jan10 to July10 cause after words she is not working with us..............
KINDLY NEED UR GUIDANCE URGENTLY.I VE TO GIVE ANS TO THE MANAGEMENT.
Regards,
SwatiSaad
From India, Mumbai
5One issue arries in our Organisation i.e.....one of our staff is on maternity leave from last July10 onwards.she had taken leave from her 7the month of her pregnancy casuse of her health problem.in jan 11 she informed us that is will not able to join the work again and in Feb 11 she came and resign from her job.
we are paying leave sal as per calander year.........which we are paying in Fist month of each year.......so now if she is living give resignation in feb11 ...is she lligiable for leave sal for Jan10-dec 10and also for jan11 to Feb 11...in which she is on muster.
OR we need to pay her leave sal from Jan10 to July10 cause after words she is not working with us..............
KINDLY NEED UR GUIDANCE URGENTLY.I VE TO GIVE ANS TO THE MANAGEMENT.
Regards,
SwatiSaad
From India, Mumbai
she is eligible for salary/wages, six weeks before the delivery and six weeks after the delivery.
Read the relevent section of MB act 1961,
5. Right to payment of maternity benefit. -- (1) Subject to the provisions of this Act,
every woman shall be entitled to, and her employer shall be liable for, the payment of
maternity benefit at the rate of the average daily wage for the period of her actual absence
immediately preceding and including the day of her delivery and for the six weeks
immediately following that day.
pon
From India, Lucknow
Read the relevent section of MB act 1961,
5. Right to payment of maternity benefit. -- (1) Subject to the provisions of this Act,
every woman shall be entitled to, and her employer shall be liable for, the payment of
maternity benefit at the rate of the average daily wage for the period of her actual absence
immediately preceding and including the day of her delivery and for the six weeks
immediately following that day.
pon
From India, Lucknow
Swati,
whether employee was covered under ESIC or under Maternity Benifit Act. or under which provision she availed the leave for 7 Months, whether leave avail beyond as prescribed under MB Act 12 Week or in case of complication, maternity leave may be extended for more one month.
So beyond this 12 week & one months whether she was without pay. You can adjust her paid leave in this period.
whether employee was covered under ESIC or under Maternity Benifit Act. or under which provision she availed the leave for 7 Months, whether leave avail beyond as prescribed under MB Act 12 Week or in case of complication, maternity leave may be extended for more one month.
So beyond this 12 week & one months whether she was without pay. You can adjust her paid leave in this period.
Swati,
whether employee was covered under ESIC or under Maternity Benifit Act. or under which provision she availed the leave for 7 Months, whether leave avail beyond as prescribed under MB Act 12 Week or in case of complication, maternity leave may be extended for more one month.
So beyond this 12 week & one months whether she was without pay. You can adjust her paid leave in this period.No need to pay leave pay.
whether employee was covered under ESIC or under Maternity Benifit Act. or under which provision she availed the leave for 7 Months, whether leave avail beyond as prescribed under MB Act 12 Week or in case of complication, maternity leave may be extended for more one month.
So beyond this 12 week & one months whether she was without pay. You can adjust her paid leave in this period.No need to pay leave pay.
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Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf