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Human Resources: Recruiting, Hiring, and Staffing
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Maternity Benefits: A queryViews: 621
Jan 23, 2007 8:34 amMaternity Benefits: A query#

Arundhati Raghavan
Hi,

Can someone please help me with this query?

I'd like to know if a company can have a clause that says maternity benefits will not be paid to anyone who has not spent a certain amount of time in the company. For instance, can we say that an employee should have spent x years with us before she becomes eligible for maternity leave? And what is the maximum duration for x? I also understand that the company must give leave at any time for maternity reasons. Can this be without pay if it falls within the stipulated time that the policy calls out? I want to be within legal limits when drafting a policy. Also, maternity leave pay is full pay including all benefits and not basic pay alone, isn't it?

Thanks in advance.
Arundhati

Private Reply to Arundhati Raghavan

Jan 24, 2007 6:16 pmre: Maternity Benefits: A query#

Tom Adam
There is no single answer to this, because it will vary from one country to the next, and even from one jurisdiction to the next within a country. In the US, such issues are governed by federal law: The Family and Medical Leave Act. In the EU the regulations will no doubt vary by country. And, as a general rule, when one is employed by a company headquartered in one country but works in another, they will be covered by the laws in the country in which they are physically located and working.

Private Reply to Tom Adam

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