Dear,
I have few queries related to Maternity Benefit Act.
  1. When an employer is liable to pay the amount of Maternity Benefit? Pre delivery, Post delivery or at the time of joining the office after availing the Maternity Leave?
  2. If Employee take one week leave before delievry and she wants to take 11 week leaves after delivering the child, Employer is liable to pay the salary for whole period.
  3. If we pay all the salary in advance and employee would not join company after taking all the leaves, what action can be taken by the employer
I hope, i will get the answer of my question acording the Law.
Regards
Akhilesh Chandra Sharma

From India, Delhi
Dear
Parawise reply to your queries is given below :
(this is regarding the benefit - salary)
  1. Salary is to be paid as usual (during the entire period). It has nothing to do with " Pre delievery, Post delivery or at the time of joining the office after availing the Maternity Leave".
  2. Yes
  3. An employee is at liberty, (after availing Maternity benefit), to continue in employment with your company or not.
Merely giving Maternity Benefit, which is her legal right, DOES NOT ENTITLE YOUR COMPANY TO BIND A FEMALE EMPLOYEE in any manner.
Also, I would like to request you that, as an HR person you should learn and PRACTICE the USE OF PROPER TERMINOLOGIES AND LANGUAGE.
Instead of using the phrase "she wants to take 11 week leaves after producing the child...",
kindly use the phrase "DELIVERING THE CHILD."
Your query and language reflects the attitude of your organization as well as yours.
Regards.

From India, Delhi
Please see the attachment for maternity act
From India, New Delhi
Attached Files (Download Requires Membership)
File Type: doc Maternity_Benefit_Act.doc (155.0 KB, 356 views)

As per my best knowlege 50% of "wages" be paid as soon as Women Employee proceeds to the Maternity leave ( with all necessary testimonials)
50 % remaining amount is been paid after she joins the organization ( with all necessary testimonials)

From India, Pune
Thanks Raj... and Akhi please follow this...
Akhi,
Under ESIC: Female employee has to get the Form 20 (notification for Employer) and then after delivery FORM 23 for 84 days maternity leave from date of delivery. ESIC will pay for Maternity Leave. Addition to above, ESIC have declared 2500/- bonus to the mother of the child recently.
Out of ESIC: Wages to be paid as usaual and if company have the special benefit than to be given after her joining the duty on submission of proper documentation along with application.
- VP

From India, Panaji
Dear Prashant
Please let me know whether we have to deposit PF Contribution on 50% of wages paid in advance in the month wages paid in advance or PF Contribution shall be paid as usual on monthly wages.
Thanks
Subrata

From India, Calcutta
Dear Subrata,
This thread relates to Maternity Benefit Act, 1961 so plz put your query on separate thread.
With Regards,
R.N.Khola




From India, Delhi
Hi Raj,
Thank you so much for your reply and ur advice. I have one another question as related to the payment of Maternity Benefit:
If we pay salary as usual, We will deduct P.F., Professional Tax or not. Because the salary as usual payment attarct other benfit / social securities.
Regards,
Akhilesh

From India, Delhi
Dear Mr. Khola
As per Mr. Prashant 50% of the Maternity Benefit be paid in advance as soon as Women Employee proceeds to the Maternity leave and 50 % remaining amount is been paid after she joins the organization.
I wanted to know the PF implication on such payment towards Maternity Benefit.
Thanks
Subrata

From India, Calcutta
Please go through Maternity Benefit Act PF is not attracted towards the benenit received by the Female employee for leave period.
(n) "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 food grains and other articles, but does not include-
(i) any bonus other than incentive bonus;
(ii) over-time 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;

From India, Pune
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