Dear Friends,

Need some information on maternity leave.

1 .Is an employee who has not been confirmed in the company’s services eligible for maternity leave?

2. Is availing of maternity leave dependent on the number of days for which the employee has worked prior to availing maternity leave?

3. Is an employee on maternity leave eligible to all components of salary (or only a few components like Basic, DA, HRA, etc.)?

4. Was told by a CA that it is possible to hold payment of salary till the person reports back to work. Is this possible without violating the law?

5. What is the general practice in case an employee avails maternity leave & resigns after availing leave (and having been given salary as is due) without reporting to work after the leave period? How can a company safeguard its interests in such a case?

Would appreciate your inputs on this.

Thanks

Ayesha

Dear ayesha,

Here are clarifications to the questions raised by you:

1) Yes, provided she has worked for 80 days in the 12 months preceding the date of her expected delivery.

2) Yes - see 1) above.

3) Yes. Also, such leave should not be adjusted against PL. However, while on maternity leave the employee will not earn any PL.

4) No you cannot hold payment till the person reports back to work - it has to be paid when due.

5) She will need to give notice before resigning, for which she has to report back to work. If she does not, you can deduct appropriate salary in lieu of notice if you have such a policy.

Best regards,
Jaswinder