Dear Seniors,
Need to form a maternity leave policy for PVT LTD firm.
As per my knowledge it is 90 days full salary.
Please guide me if there is any unpaid leave after 90 days.
What if employee doesn't turn after all leaves availed by her ?????????
Regards,
Chaitali Purohit
From India, Mumbai
Need to form a maternity leave policy for PVT LTD firm.
As per my knowledge it is 90 days full salary.
Please guide me if there is any unpaid leave after 90 days.
What if employee doesn't turn after all leaves availed by her ?????????
Regards,
Chaitali Purohit
From India, Mumbai
604
Individual maternity benefits may vary from organisation to organisation and will primarily depend on a particular organisation’s HR policy. However, most organisations follow a three-month maternity leave pattern. The government is currently considering a six-month maternity leave policy.
Under the provisions of the Maternity Benefits Act, you are entitled to maternity benefits at an average daily wage for a period of six weeks from a day before your delivery to six weeks following that day.
The average daily wage is calculated on the basis of your daily wages during the period of three calendar months immediately preceding the date you absented yourself on account of maternity, or the minimum wage rate, whichever is higher.
To be eligible you should have worked for not less than 160 days in the 12 months immediately prior to the date of your expected delivery.
You are entitled to a maximum period of 12 weeks as maternity benefit. In the unfortunate event of a miscarriage, you must provide relevant proof of the miscarriage to avail the medical benefits.
Another important provision under the Maternity Benefits Act is that if you are ill on account of your pregnancy or if you have delivered prematurely, you are entitled to a maximum period of one month in addition to your maternity leave.
The procedure again depends on the HR policy of your organisation. However, to claim the benefit you need to give your employer a notice in writing stating that the maternity benefit should be given to you or your nominee and that you will not be working during the period in which you receive the benefit. The notice must start from the date of your absence provided that date is not earlier than six weeks prior to the expected date of delivery.
From India, Mumbai
Under the provisions of the Maternity Benefits Act, you are entitled to maternity benefits at an average daily wage for a period of six weeks from a day before your delivery to six weeks following that day.
The average daily wage is calculated on the basis of your daily wages during the period of three calendar months immediately preceding the date you absented yourself on account of maternity, or the minimum wage rate, whichever is higher.
To be eligible you should have worked for not less than 160 days in the 12 months immediately prior to the date of your expected delivery.
You are entitled to a maximum period of 12 weeks as maternity benefit. In the unfortunate event of a miscarriage, you must provide relevant proof of the miscarriage to avail the medical benefits.
Another important provision under the Maternity Benefits Act is that if you are ill on account of your pregnancy or if you have delivered prematurely, you are entitled to a maximum period of one month in addition to your maternity leave.
The procedure again depends on the HR policy of your organisation. However, to claim the benefit you need to give your employer a notice in writing stating that the maternity benefit should be given to you or your nominee and that you will not be working during the period in which you receive the benefit. The notice must start from the date of your absence provided that date is not earlier than six weeks prior to the expected date of delivery.
From India, Mumbai
Thank You all,
But my one query is still unanswered.
Please guide me is there any clause about rejoining after Maternity Leave
Can an employee resign immediately after availing the Maternity Leave Benefit ??
Or what if an employee doesn't turn back to work at all & becomes absconding ???
In that case Maternity leave paid to that candidate would be a total loss for the company
Please guide ????
Chaitali Purohit
From India, Mumbai
But my one query is still unanswered.
Please guide me is there any clause about rejoining after Maternity Leave
Can an employee resign immediately after availing the Maternity Leave Benefit ??
Or what if an employee doesn't turn back to work at all & becomes absconding ???
In that case Maternity leave paid to that candidate would be a total loss for the company
Please guide ????
Chaitali Purohit
From India, Mumbai
1. After availing maternity leave, the employee should join back. If she extend the leave due to unavoidable circumstances, her accumulated leave, if any, may be adjusted or else LOP.
2. Maternity leave is statutory requirement. If the employee resign after availing Maternity leave, you can not stop.
3. If the employee did not turn back without extended or approved leave, you may issue notice for action. but can't recover the payment made for maternity leave.
4. Maternity leave is a statutory benefit to the female employees and it is incorrect to say it as loss to the employer even if she did not come back.
Hope I answered to your queries.
Pon
From India, Lucknow
2. Maternity leave is statutory requirement. If the employee resign after availing Maternity leave, you can not stop.
3. If the employee did not turn back without extended or approved leave, you may issue notice for action. but can't recover the payment made for maternity leave.
4. Maternity leave is a statutory benefit to the female employees and it is incorrect to say it as loss to the employer even if she did not come back.
Hope I answered to your queries.
Pon
From India, Lucknow
Hi Chaitali,
In addition to what has been accurately mentioned, I suggest that the employee applies for leave (unpaid /paid) just before the expiry of the maternity leave, and in case it is refused, join and resign. Sometimes, a woman finds it difficult to join back so soon (after delivery) and organisations are known to have a compassionate outlook. It is better to part properly, in case the leave is not sanctioned.
All the best.
From India, Visakhapatnam
In addition to what has been accurately mentioned, I suggest that the employee applies for leave (unpaid /paid) just before the expiry of the maternity leave, and in case it is refused, join and resign. Sometimes, a woman finds it difficult to join back so soon (after delivery) and organisations are known to have a compassionate outlook. It is better to part properly, in case the leave is not sanctioned.
All the best.
From India, Visakhapatnam
As per maternity Act, She will get 12 weeks of leave, 6 weeks before delivety and 6 weel after delivery.
From India, Gandhinagar
From India, Gandhinagar
Dear Team,
Need a help...!!!
Actually one of our employee went on a maternity leave for around 88 (April till June) days during which we paid her 50% of her basic salary and also she committed to work from home. She rejoined in the month of July.
Now my query, when an employee goes on maternity leaves so is he/she not eligible for annual leaves.
We provide annual leaves to our employees & balance leaves are reimbursed at the year end.
Please guide me over the same.
Regards,
Khushbu
From India, Mumbai
Need a help...!!!
Actually one of our employee went on a maternity leave for around 88 (April till June) days during which we paid her 50% of her basic salary and also she committed to work from home. She rejoined in the month of July.
Now my query, when an employee goes on maternity leaves so is he/she not eligible for annual leaves.
We provide annual leaves to our employees & balance leaves are reimbursed at the year end.
Please guide me over the same.
Regards,
Khushbu
From India, Mumbai
Hi all,
Kindly click on the following link, it will give you some required information,
https://www.citehr.com/364285-matern...ml#post1676960
From India, Noida
Kindly click on the following link, it will give you some required information,
https://www.citehr.com/364285-matern...ml#post1676960
From India, Noida
Dear Sir, Good Afternoon!!
I want to know that in Maternity benefit policy who pay the salary for 3 months? Employer or ESIC? Cause when i was on maternity leave i didnt get paid for any month. As per dissccsion with my HR, i should have taken the treatment in ESIC hospital at least once during pregnancy. I was not aware of that and our HR also informed me about the same before 2 3 days of my due date. i tried to complete the procedure but i was unable to do so and got admitted. Just want to know can i get my unpaid salary?
Deepchandrika
From India, Mumbai
I want to know that in Maternity benefit policy who pay the salary for 3 months? Employer or ESIC? Cause when i was on maternity leave i didnt get paid for any month. As per dissccsion with my HR, i should have taken the treatment in ESIC hospital at least once during pregnancy. I was not aware of that and our HR also informed me about the same before 2 3 days of my due date. i tried to complete the procedure but i was unable to do so and got admitted. Just want to know can i get my unpaid salary?
Deepchandrika
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