Hi all, I am stuck with the maternity leaves poli...
# compensation-and-benefits
s
Hi all, I am stuck with the maternity leaves policy. Our company hasn't mentioned such a policy in the employee handbook. Now we have one case where she is looking for maternity leave. As per compliance one is eligible for 6 months of maternity leave with the paid salary for the complete duration. Now the management is ready to give the leaves but not ready to pay the salary for the said duration. Quick response will be appreciated. Thanks in advance. I am looking forward to the suggestions to the next step in this & how to deal with this compensation part for the employee.
k
ok its illegal to not pay for maternity
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s
Irrespective of the company ML needs to be followed as per the Act and hence your company has to pay the salary
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it's a legal mandate
Please refer to Maternity Benefit Act, 1961 Maternity Benefit (Amendment) Act, 2017
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s
Thanks. I was also on the same page, that the salary should be paid to the employee.
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s
even if you don't mention it in the appointment letter or handbook, it is a legal mandate. Have every conversation between you and the mgmt documented and don't mention in the emails that "along with mgmt, I have decided or we have". Separate yourself in those emails, or you will be in trouble if they approach the civil court.
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s
Noted. Thanks @Sai Venkata Vinay Chittuluru
w
Hey @Shivanshi Khanna Adding to the law mandates, it is good to know the reason for no policy and lack of willingness to pay by the management. If known, it can help in creating a business case for the management, giving pro and cons, followed by decision.
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s
Sure, will look into this as well. Thanks Wristy.
k
As soon as the org cross 10 or more employees the act is self applicable Also failure of implementation may lead to imprisonment of employer and or fine This is one of the acts the the gov stands by very strongly. So you will have to patiently explain to the founders that this is a must have and is not optional
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s
Sure, thanks!!