Please let me know whether the Diwali bonus is given after maternity leave or not

Please let me know whether the Diwali bonus is given after maternity leave or not?

If this 'Diwali Bonus' is a statutory bonus payable during Diwali termed as Diwali bonus, then you should pay it along with other employees. The reasons are:

1. An employee on maternity leave is on service of the company.

2. Bonus paid this financial year, i.e., 2024-25 though paid during Diwali is the deferred wages of the preceding financial year, i.e., 2023-24. Therefore, you cannot hold it till she resumes work after maternity leave.

If the person comes under the Payment of Bonus Act, then since maternity leave is considered as working, she is entitled to a bonus.

If this is other than statutory bonus, it is the management's choice. The rule will depend on how the management sees the bonus. If you want to retain the employee, you should give the bonus. If not, you can always claim the bonus is paid for achievements, and since she was not working and had no achievement at the time, it was not granted.

You can pay the amount at a later date, provided you have the consent of the employee. The bonus for the FY 2022-2023 should be disbursed to eligible employees on or before November 30, 2024. Therefore, any bonus payment made after this date would be illegal and a violation of the Act. You need to make and complete the bonus payment on or before November 30, 2024, if Diwali falls in December.

Statutory bonus is applicable in the case of maternity leave.

Hi, If the Diwali bonus is a statutory bonus, then the employer should pay it. You should consult with your HR personnel.

Regards, Tapan Kumar

The obligation to pay a bonus has nothing to do with whether one is on maternity leave or any other type of leave. It is time-bound and therefore should be adhered to according to the timeline stipulated in the Payment of Bonus Act.

Whether a Diwali bonus is given to an employee after maternity leave typically depends on several factors, including company policy, local labor laws, and the specific terms of the employment contract. Here are some general points to consider:

### 1. Company Policy
- Review your organization's policy regarding bonuses. Many companies have specific criteria for bonus eligibility, which may or may not include employees on maternity leave.

### 2. Legal Requirements
- In some jurisdictions, employees on maternity leave retain their rights to bonuses and other benefits. Check the local labor laws to understand the entitlements.

### 3. Pro-Rata Bonus Calculation
- If bonuses are based on tenure or performance, companies may calculate the bonus on a pro-rata basis if the employee was on leave during part of the bonus period.

### 4. Past Practices
- Look at how the company has handled similar situations in the past. Consistency in applying policies is important.

### 5. Communication
- If there's uncertainty, it's a good idea for the employee to communicate with HR or management to clarify their eligibility for the bonus after returning from maternity leave.

### Conclusion
In many cases, employees on maternity leave are entitled to bonuses, but it's essential to check the specific company policies and local labor laws to determine the exact circumstances.