Megha Wadhwa 10 November 2015

Maternity salary put on hold during maternity leaves

I work in a noida based pvt. IT company and my 12 weeks Maternity leave just started. In the organisation they have holded my maternity salary where in the salary slip been sent mentioning full payment . When I questioned they said as a rule your maternity salary will be paid when you rejoin but in accounts i will b earning. I want to ask is this fair? Can a company hold the salary with them just because you have applied maternity leave? What action i can take?

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4 Replies

Kumar Doab (FIN) 10 November 2015

No. This is illegal.

Who has stated it?

Record the calls/meetings making this statement (audio/visual/minuted/witnessed).

The maternity Benefit for period before delivery is to be paid in advance and after delivery within 48 hours of having informed of pregnancy delivery @ Maternity Benefit as stated in the Maternity Benefit Act.

Adjusting accounts without releasing the payment also amounts to fraud.

You may also entitled for maternity Bonus, and can claim another 30 days Maternity Benefit, if you suffer from sickness delivery.

You may minute the discussion (narrate dates, time,names,dsignation,address etc) and demand to release the payment at once by Bank DD thru Redg. Post only.

If required escalate to good offices of appointing authority,MD.

If you are unable to handle on your own, lean on female IT employee's/IT-ITeS employee's/Trade Union leaders, Labor Law Consultant................................and approach Inspector appointed under the Act...............

Megha Wadhwa 11 November 2015

Thanks for the information. I have with me pay slip for October 15 wherein full payment but salary credited in account is the deducted one due to maternity leave. I have a mail stating ur salary will be released when you rejoin. Is this enough?