Salary not received during maternity leave

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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