How much salary do woman get on maternity leave - full salary or basic?
maternity leave under Indian laws which is considered as a paid leave. However, not many women are aware about the amount of salary they will get, maximum number of leave allowed and for how many children the maternity benefit is allowed.
The maternity leave is governed by The Maternity Benefits Act, 1961 and The Maternity Benefits (Amendment) Act, 2016. ET Wealth decodes the benefits the woman can get as per both the acts.
Does woman get full salary on maternity leave?
Many women are worried if they will get only the basic salary or the full salary when they go for maternity leave.
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Manmeet Kaur, Partner at Karanjawala & Co. says, «The Section 5 of the Maternity Benefit Act, 1961, entitles a woman on maternity leave for payment of the maternity benefit from her employer. The payment is calculated based on her average daily wage for the period of her actual absence. This is the average of the wages she earned during the three calendar months immediately preceding the date from which she absents herself on the account of maternity. In simple terms, a woman is entitled for full salary in her maternity leave period which includes basic salary and other allowances during the period she is on leave.»
Concurring the view, Kinjal Champaneria, Partner at Solomon & Co. says, «The Maternity Benefits Act, 1961, suggests that the salary to be paid shall be at the rate of her average daily wage and does not explicitly provide the components to be included in the salary. In the absence of clarity, the employers prefer payment
