In case of an employee availing maternity leave, the company is liable to pay 3 months leave with pay. Is this payment also done in anticipation that employee shall join back after completion, and if the employee doesnt , does company have the right to recover back the paid amount ?
From India, Mumbai
From India, Mumbai
As per the Maternity Act it is the right of a female employee to take 3 months maternity leave. Incase due to some unforeseen reasons female employee is not able to join back then u cannot claim the amount back from her. If she is not ready to serve the notice period then as per ur company policy u can deduct the notice pay from her F & F.
From India, New Delhi
32From India, New Delhi
But if the employee takes this 3 months leave with payment & joins other company, what are the options ?
From India, Mumbai
From India, Mumbai
Abhishek, Whatever the reasons may be maternity leave payment made cannot be claimed back. The only option u have left with is to recover the notice pay incase of her not serving the notice period.
From India, New Delhi
From India, New Delhi
Dear Abishek,
I support Prathima's views. It is the right of a female employee to avail maternity benefit. Your doubt is also right but please look into the following.
1) She has to produce a medi certificate confirming preganancy and the possible date of admittance for delivery. There is no provision whether preganany is legal or not.
2) Based on this she can plan her maternity leave 6 weeks before and after delivery
3) She can extend this leave for post-maternity complication, for which certificate is required (As a result of miscarriage or complications, and if she suffers loss of pay after 3 months, ESI can cover her loss of pay, provided she is covered under ESI eligibility)
4) She has to produce medi certificate confirming her fitness to join duty
5) After she joins duty, she may continue or resign within a month for betterment.
6) It is a privilege granted by Social Security law to be monitored by Labour Dept., wherein she continues to get the usual salary with PF/ESI statutory for the period.
7) After three months, in the event of her resigning, you have no rights to take back or deduct the maternity benefits.
Some companies follow the trick by paying one month salary prior and the remaining after she joins. If she resigns, company hopes to save 2 months salary. Even if she resigns, she can fight for the remaining due and then leave.
Regards,
Chandru
From India, Madras
I support Prathima's views. It is the right of a female employee to avail maternity benefit. Your doubt is also right but please look into the following.
1) She has to produce a medi certificate confirming preganancy and the possible date of admittance for delivery. There is no provision whether preganany is legal or not.
2) Based on this she can plan her maternity leave 6 weeks before and after delivery
3) She can extend this leave for post-maternity complication, for which certificate is required (As a result of miscarriage or complications, and if she suffers loss of pay after 3 months, ESI can cover her loss of pay, provided she is covered under ESI eligibility)
4) She has to produce medi certificate confirming her fitness to join duty
5) After she joins duty, she may continue or resign within a month for betterment.
6) It is a privilege granted by Social Security law to be monitored by Labour Dept., wherein she continues to get the usual salary with PF/ESI statutory for the period.
7) After three months, in the event of her resigning, you have no rights to take back or deduct the maternity benefits.
Some companies follow the trick by paying one month salary prior and the remaining after she joins. If she resigns, company hopes to save 2 months salary. Even if she resigns, she can fight for the remaining due and then leave.
Regards,
Chandru
From India, Madras
Is any provision for child adoption law exists at present for the private sector female employees? If yes, please provide the relevant details. Regards, Harikumar
From India, Calcutta
From India, Calcutta
In case the employee would like to avail her annual/priveleged leave after the 3 months maternity leave, can she, is joining mandatory before continuation of leave.
Can medical leave be combined with maternity leave
From India, Mumbai
Can medical leave be combined with maternity leave
From India, Mumbai
Aanchal,
It is allowed. She can utilise the accumulated PL/EL along with the maternity leave. At the start or end she can exhaust the EL, then accordingly she can avail 3 months leave for adequate rest. Both can be clubbed together. No loss of pay.
EL is utilised at a stretch generally for long medical sickness, study & examination, marriage, vacation, etc. If she has no quota of EL on hand, then only ML is allowed.
Regards,
Chandru
From India, Madras
It is allowed. She can utilise the accumulated PL/EL along with the maternity leave. At the start or end she can exhaust the EL, then accordingly she can avail 3 months leave for adequate rest. Both can be clubbed together. No loss of pay.
EL is utilised at a stretch generally for long medical sickness, study & examination, marriage, vacation, etc. If she has no quota of EL on hand, then only ML is allowed.
Regards,
Chandru
From India, Madras
The new provision of maternity leave may act as a factor for not recruiting female employees. why shall i hire a female employee and pay 2years salary with out getting any output on performance in my business
From India, Thana
From India, Thana
Hi Sarit,
For a growing small company, your views are ok but when the same company goes for expansion, it needs to go for due diligence. Here figures the ratio of male:female in the strength. I remember an interview of Ms.Sudha Narayanamoorthy (Infosys). Some 35 years ago Tata Group never recruited females and she directly met the Late JRD.Tata and asked him why she should not be recruited? After arguments, she won at last. It was for some reasons that females were not recruited by Tata and not for money saving concept. Now things have changed a lot.
What to do! Now small time businessmen and first generation entrepreneurs are aspiring to become employers and due to their greed, justice to employees is nil or very minimal. What else to do with them?
Regards,
Chandru
From India, Madras
For a growing small company, your views are ok but when the same company goes for expansion, it needs to go for due diligence. Here figures the ratio of male:female in the strength. I remember an interview of Ms.Sudha Narayanamoorthy (Infosys). Some 35 years ago Tata Group never recruited females and she directly met the Late JRD.Tata and asked him why she should not be recruited? After arguments, she won at last. It was for some reasons that females were not recruited by Tata and not for money saving concept. Now things have changed a lot.
What to do! Now small time businessmen and first generation entrepreneurs are aspiring to become employers and due to their greed, justice to employees is nil or very minimal. What else to do with them?
Regards,
Chandru
From India, Madras
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Right to payment of maternity benefits.doc