Hi,

We are in the process of setting the Maternity Benefts guidelines for my company. I had a few queries and would appreciate any help that I can get.

My questions are as follows:

1. The law says that an employee can avail of the benefit if she has worked for minimum 80 days in the last 12 months of employment. Now does this mean that before she can utilise this leave she needs to be in the company for 1 year? Suppose she joins a company when she is 3 months pregnant, will she get the benefit after 6 months?

Please help me understand this.

2. There are set rules about disbursing the wages/ salary to an employee at the time of availing the benefit. It says that we need to give 6 weeks salary in advance before she goes on leave and the remaining salary for 6 weeks within 48 hours of the lady delivering.

Now, if we make the disbursement in the normal cycle of the company, i.e month by month, will we be going against the law? Are there any catches here?

3. The law also states that if the lady has a difficult or pre mature delivery or faces illness during the time of delivery, leave upto maximum one month can be granted. Is this leave with pay or without?

4. Some companies also are open to extending the leave for more period (say about 3 to 6 months) than the stipulated 3 months which is unpaid. Should a company continue to pay PF during this extended leave or even that does not have to be paid?

It will help if the experienced people in this forum help me out.

Regards,
Lalith

Dear Lalith,

1. Yes if she has worked for min 80 days then she can avail the benefit. If you think on your example, you will find the answer yourself.

2. Yeas there are set rule, but it all depends on how good has been the HR with the employee, things can be worked out.

3. In case of any difficulty, such as a miscarriage, 6 weeks leave with pay at the same rate, which is as per the act.

4. Yes some companies did it, but always remember it is leave without pay. In case the employee has enough leave, she can utilise it.

I have been very short in my reply, for any other issue you can contact me at krithika_mishra@yahoo.co.in