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Sonia Arora   09 May 2023

Maternity salary

I work with a Private school as a confirmed teacher. I was on maternity leave from Jan to March . My salary was put on hold and it was apprised to me that it will be given on joining back. After joining back , I realised that I can't continue due to ill health and small baby. So , I resigned and serving notice period of 3 months from April to July ( As per policy). Now , administration is saying that I won't get my Maternity salary ( Jan to March ) and from April to June ( June has summer break so it won't be considered in notice period and no salary will be given) . Notice period will be counted as 2 months and I ll have to pay one month salary..

   So,, basically according to them I should get only one salary from Jan to June. 

 

  Kindly help ! 



Learning

 5 Replies

T. Kalaiselvan, Advocate (Advocate)     09 May 2023

The salary for the approved maternity salary cannot be denied by your employer.

The resignation is totally diffferent subject.

On resignation you have to observe the terms and conditions of employment that you have signed at the time of joining.

Private Educational Institutions are already covered by the Payment of Gratuity Act,1972 as 'establishment' by means of notification u/s 1(3)(c) of the Act. In addition, they are also covered by the EPF Act,1952. Therefore, the Maternity Benefit Act,1961 is applicable to them by virtue of the provisions of sec.2(1)(b) of the Act.
Hence a woman employed in any private educational institution is eligible for all the maternity benefits under the Act including leave with full salary/wages for 26 weeks, had she worked in the institution for 80 days in the preceding 12 months prior to the date of her expected delivery.

If the employer refuses to pay the salary for the maternity leave period citing his own maningless and unlawful reasons, you can either complain against the school management with district education authorities or issue a legal notie and then file a suit for recovery of salary amount

2 Like

Dr J C Vashista (Advocate)     10 May 2023

You are eligible for pay for the months of Jan-Mar (maternity leave).

However, pay for the notice period depend upon terms and conditions of your appointment letter issued by School authorities.

Consult and engage a local prudent lawyer for proper appreciation of facts/ documents, professional advise and necessary proceeding  

2 Like

Sonia Arora   10 May 2023

Thank you so much for quick response. What's the procedure to file the case and when should it be done ? After leaving the organisation or before that ??

Sudhir Kumar, Advocate (Advocate)     12 May 2023

Is it recognised school?

T. Kalaiselvan, Advocate (Advocate)     12 May 2023

If you are aggrieved over the issue then you can initiate legal action at once without waiting or giving them another chance, however you may first send them a legal notice before insitituting any legal action

1 Like

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