Salary not received during maternity leave

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Salary not received during maternity leave

My wife is working in a small company. As per the maternity benefit, she should get 6 months full salary. Now company gave her first 3 months basics of maternity salary and next 3 months she didn’t receive anything. Now she resumed her work and company is not willing to give her last 3 months maternity period salary. Could you please help what is the next action for us? Can we put the case against the company and sue them legally?

Asked on November 21, 2017 under Employment Labor Law, Alaska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You write that "as per the maternity benefit," your wife should get a full 6 months of salary while on maternity leave. Assuming that was pursuant (or according) to either a written employment contract or a some other firm (no limitations or caveats) written statement of this policy, such as in a written employee handbook or description of benefits--which firm written policy could be taken to form or be part of an employment contract--then your wife's recourse is to sue her employer. She would sue for "breach of contract" (for violating the written agreement according to which she worked) for the remaining maternity pay due her. Unfortunately, suing her employer (a drastic step) would be the only way to get the money. If she could show in court that she is entitled to the pay, they court could issue a judgment (court order or determination) in her favor, requiring the employer to pay.


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