1. #1
    Unregistered

    Holiday pay during maternity leave when leaves got extended for 2 months

    My wife was on her maternity leave for 9 months and later extended this by 2 more months. When she enquired at her office about holiday pay accrued during maternity leave. She received this reply from his office:-
    ‘You have accrued 14 days annual leave by your return to work date but as you are on a zero hour contract you will receive no payment for this time until you complete 12 weeks work.
    Is this correct?
    Also my wife has never signed a contract with the company does this make a difference?

  2. #2
    Ashok Array
    Join Date
    Jul 2012
    Posts
    2,293

    Re: Holiday pay during maternity leave when leaves got extended for 2 months

    Quote Originally Posted by Unregistered View Post
    My wife was on her maternity leave for 9 months and later extended this by 2 more months. When she enquired at her office about holiday pay accrued during maternity leave. She received this reply from his office:-
    ‘You have accrued 14 days annual leave by your return to work date but as you are on a zero hour contract you will receive no payment for this time until you complete 12 weeks work.
    Is this correct?
    Also my wife has never signed a contract with the company does this make a difference?
    Dear Aspirant,

    As per the Maternity Benifit Act 1961,one woman employee is entitle to avail maternity leave for a period of 12 weeks provided that the concerned employee has worked for atleast 80 days preceeding the delivery date during 12 months.The employee is on regular service or on contract basis is not a matter to avail the maternity leave.It means all the working women employees are entitle to avail the maternity avail provided she has worked for 80 days during the pregnanacy year.

    When you are not being given the benifit,you can contact the manager HR & even if you are not satisfied,you can proceed legally in order to get the benifit.You are entitle to get the salary for the maternity leave on the basis of average pay which is calculated on the basis of the salary drawn in three consequent months prior to going on such leave.

    So see your position & proceed accordingly.

    Thanks.

    Ashok..

  3. #3
    Param Array
    Join Date
    Sep 2012
    Posts
    298

    Re: Holiday pay during maternity leave when leaves got extended for 2 months

    Dear Friend!

    It was your problem not a company problem to take leave more days leave than accrued days annual leave. So company have right to take any action against anyone if you take leave unnecessary. so you have to fallow the company rules and regulations and terms and conditions and further whatever taken decision by the company's HR or manager. you can nothing do regarding this.

  4. #4
    pushp Array
    Join Date
    Jul 2012
    Location
    bhopal
    Posts
    277

    Re: Holiday pay during maternity leave when leaves got extended for 2 months

    Hello !!

    different company have their different criteria to make the people work and also to appoint them.
    if your wife had extended her leave and the company is saying that she will be not getting her payment according to the contratct signed by her.

    so first of all ensure that your wife had really signed the contarct or not.
    or she was unaware of the contract during making them.
    or it was hidden in the document of the appointment letter.
    so, ask the company, how they are making the payment procedure.
    also take out all the information about the maternity leave and the payment from that particular company.

    hope i am clear too you.
    thanks for posting.
    pushp ranjan singh

  5. #5
    abhijeet2015 Array
    Join Date
    Jan 2013
    Posts
    334

    Re: Holiday pay during maternity leave when leaves got extended for 2 months

    Hi..............,

    Suggestions----->
    * From that statement it seems that your wife is on certain contract.
    * See as per contract you you have to complete work of 12 weeks.
    * Then only you can claim for leave payments.
    * See currently you have no option for claiming.
    * Your wife have to work as per contract rules.

    Thanks

  6. #6
    ICONIC Array
    Join Date
    Jul 2013
    Posts
    196

    Re: Holiday pay during maternity leave when leaves got extended for 2 months

    If it was a private company then one can not claim as every private company has its own rules and regulations even in definition of leaves also!
    if they are mentioning some contract then you must inquire about it and clarify of why are they involving this term in between when there was as such no contract signed.

    Moreover , there are hardly any company that provided the leave of consecutive 11months and that too with pay. In private sector one can only exist by working even not just working even by working under the existing cut throat competition.

    And you shall not pay more heaad to whether she gets the pay for those month or not instead joining back and completing the task they are talking about is far more important.

    Thank you

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