Hi friends, whether company should provide full payment
salary for six months of maternity leave or just basic salary?
Please provide the
information regarding the maternity benefits and payouts.
Payment of Maternity Benefits Act lays down that any women employed, whether directly or through any agency, for wages in any establishment is eligible to claim maternity benefits if she is expecting a child and has worked for her employer for at least 80 days in the 12 months immediately preceding the date of her expected delivery. (Section 5 of the Act). So one should be entitled for Maternity benefits.
The company cannot legally dismiss you during maternity leave periods. Law is there to protect ladies who are pregnant and regulating working conditions. Company should provide you full payment salary for 6 months of maternity leave or just basic salary as follows:-
Section 2(n) definition of wages includes all remuneration that means includes Basic Wages, all such allowances (including dearness allowance and house rent allowance), incentive bonus and the money value of concessional supply of food grains and other articles