Maternity pay
Vasanti
(Querist) 28 June 2013
This query is : Resolved
I was on maternity leave and employer says they can pay me only 58 days salary. My employer is a Pvt. Ltd. company with 5days a week work schedule.
I had premature delivery and I had asked for 5 months leave.
After completion of 5 months period I was told not to join back immediately as company did not have enough work load. I waited for 2 months and resigned from the company.
Can you please tell me how many days salary I am eligible to get? Can they calculate 12 weeks as 12x5 working days per week=58 days?
Thank you.
Kumar Doab
(Expert) 28 June 2013
Maternity Benefit Act:
{ Under the Act the employer is required: (a) to exhibit the abstract of the provisions of the Act and the rules made thereunder in a conspicuous place in every part of the establishment in which women are employed {Section 19 & Rule 5}; (b) to maintain a muster roll in the prescribed form {Rule 3}; (c) to submit annual returns in the four prescribed forms. {Rule 16}}
Total Maternity benefit 12 weeks: out of which not more than 6 weeks shall precede the date of expected delivery.
Maternity pay for this period should have been paid.
{ The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance to the woman on production of proof that the woman is pregnant and the amount due for the subsequent period shall be paid to the woman within 48 hours of production of proof that the woman has been delivered of a child. {Section 6}}
Then another one month leave can be availed: A woman suffering from illness arising out of pregnancy delivery……………………..{Section 10}.
Therefore if you had suffered sickness due to pregnancy delivery, you could avail this leave and Maternity Benefit for this period.
Medical Bonus Rs.3500/ is also to be paid {“ 8. Payment of medical bonus. –}
If company laid you off for 3 months the compensation for this period should be paid.
Do you have written communication to this effect?
Valuable advice of learned experts is sought.
Raj Kumar Makkad
(Expert) 01 July 2013
You are entitled for the grant of 12 weeks salary against maternity leave but the matter of retrenchment is to be challenged before the labour court because you were restrained to join your duty after completion of your maternity leave by employer which comes within the definition of retrenchment and a due compensation is required to be released for that period.
Kumar Doab
(Expert) 01 July 2013
Learned Mr. Makkad has given valuable advice. Kindly follow it and defend your interest.
During the Maternity leave period as stated in the Act, employment is protected.
When a woman absents herself from work in accordance with the provisions of the Act, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence. {Section 12}
If any employer violates the Act:
If any employer fails to pay any amount of maternity benefit to a woman entitled under the Act or discharges or dismisses such woman during or on account of her absence from work in accordance with the provisions of the Act, he shall be punishable with imprisonment which shall not be less than three months but which may extend to one year and with fine which shall not be less than two thousand rupees but which may extend to five thousand rupees. The Court may, however, for sufficient reasons to be recorded in writing, impose a sentence of imprisonment for a lesser term or fine only in lieu of imprisonment. (2) If any employer contravenes the provisions of the Act or the rules made thereunder, he shall, if no other penalty is elsewhere provided by or under the Act for such contravention, be punishable with imprisonment which may extend to one year, or with fine which may extend to five thousand rupees, or with both. Where the contravention is of any provision regarding maternity benefit or regarding payment of any other amount and such maternity benefit or amount has not already been recovered, the Court shall, in addition, recover such maternity benefit or amount as if it were a fine and pay the same to the person entitled hereto. {Section 21}
You have posted that:
-------“I was on maternity leave and my employer says they can pay me only 58 days salary.’
“Can they calculate 12 weeks as 12x5 working days per week=58 days?”
NO.
3. Definitions. --
5. Right to payment of maternity benefit.:
NOTES. – The term “week” means a cycle of seven days including Sundays;
-----“ I had premature delivery and I had asked for 5 months leave. ‘
If the leave was approved as maternity leave {which employer can}, you may look into following:
27. Effect of laws and agreements inconsistent with this Act. –
Provided that where under any such award, agreement, contract of service or otherwise, a woman is entitled to benefitsin respect of any matter which are more favourable to her than those to which she would be entitled under this Act, the woman shall continue to be entitled to the more favourable benefits in respect of that matter, notwithstanding that she is entitled to receivebenefit in respect of other matters under this Act.
(2) Nothing contained in this Act shall be construed to preclude a woman from entering into an agreement with her employer for granting her rights or privileges in respect of any
matter, which are more favourable to her than those to which she would be entitled under this Act.
Vasanti
(Querist) 02 August 2013
Now my employer, Stup consultants P. Ltd. says that as per law, maternity benefit is minimum 58 days and maximum 12 weeks. That is why they are following only 58 days rule and have paid me 58 days salary only. Is this correct? Can some one tell me what exactly the rule says? What is mandatory part of it 58 days or 12 weeks? What is the legal action I need to take?
Kumar Doab
(Expert) 04 August 2013
3. Definitions. -- (a) “appropriate Government”
(g) “Inspector” means an Inspector appointed under section 14;
14. Appointment of Inspectors.
You may approach the Inspector.
The ALC/DLC in local o/o Labor Commissioner at your location can guide you to ‘Who shall be Inspector in your case’…………………..
Kindly post your finding on eligibility of 58 days in this thread.
It shall help everyone to update and many fellow employees who face similar situation.......
