Maternity Leave in Secondment arrangement

Hi, If a person on a secondment arrangement wants to avail maternity leave, who should provide this benefit: 1. her original employer or 2. the company with whom she is working on secondment and getting paid every month by that company?

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Hi Abhishek,

The original employer and current employer should have a clear arrangement on the payouts considering the payroll, taxation aspects, etc.

Who is the employer of this secondee?

The original and current employers are de jure and de facto, respectively i.e., by law and by fact.

Who processes the payroll of this secondee?

Commonly, in secondment arrangements, the original and current employer jointly agree to the aspect of who will pay the remuneration and the manner in which it will be paid (including the benefits/pay raise, bonus, overtime, etc.).

The usual arrangement is the original employer pays the remuneration to the secondee and the same is reimbursed by the current employer for the secondment term.

The secondee is principally under the payroll of the original employer for the continuity of services and availing statutory social security benefits.

Regards,
Bhuvana Anand

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