Hi,
This is the case of an employee (joined 6 months before) who is drawing Rs. 33,000 per month (ESI is not applicable). Please let me know the following:
1. How to avail maternity benefits and from where?
2. Is she eligible to receive any salary or cash benefit during her leave? If so, what is the procedure?
3. Any other valuable inputs regarding this (employer's obligations when ESI is not applicable).
Regards,
Team HR
From India, Delhi
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6This is the case of an employee (joined 6 months before) who is drawing Rs. 33,000 per month (ESI is not applicable). Please let me know the following:
1. How to avail maternity benefits and from where?
2. Is she eligible to receive any salary or cash benefit during her leave? If so, what is the procedure?
3. Any other valuable inputs regarding this (employer's obligations when ESI is not applicable).
Regards,
Team HR
From India, Delhi
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If the woman employee has worked for at least 80 paid days before her expected date of delivery, she is entitled to receive 84 days of maternity leave with pay and Rs. 3500 as a medical bonus (this is a lump sum amount and not on a monthly basis). Salary for 3 months (almost) is to be paid at the rate of the salary prevailing just before her going on maternity leave. During the period of maternity benefit or after her return to work, she should not be transferred or asked to perform any heavy job. The prohibition of engaging pregnant women in hazardous jobs is already in place under the Act.
Madhu.T.K
From India, Kannur
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Madhu.T.K
From India, Kannur
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Hi,
As per the Maternity Benefit Act, a woman is entitled to 12 weeks of maternity leave with pay. In the case where the employee is a government servant, she is entitled to 180 days of maternity leave with pay if she has worked for a minimum of 80 days preceding her date of delivery. Additionally, as mentioned above, she is entitled to receive 3500/- as a medical bonus only if the employer fails to provide pre and postnatal care.
From India, Asansol
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As per the Maternity Benefit Act, a woman is entitled to 12 weeks of maternity leave with pay. In the case where the employee is a government servant, she is entitled to 180 days of maternity leave with pay if she has worked for a minimum of 80 days preceding her date of delivery. Additionally, as mentioned above, she is entitled to receive 3500/- as a medical bonus only if the employer fails to provide pre and postnatal care.
From India, Asansol
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5. Right to payment of maternity benefit. -- (1) Subject to the provisions of this Act,
every woman shall be entitled to, and her employer shall be liable for, the payment of
maternity benefit at the rate of the average daily wage for the period of her actual absence
immediately preceding and including the day of her delivery and for the six weeks
immediately following that day.
Explanation. – For the purpose of this sub-section, the average daily wage means the
average of the woman’s wages payable to her for the days on which she has worked
during the period of three calendar months immediately preceding the date from which
she absents herself on account of maternity, or one rupee a day, whichever is higher.
(2) No woman shall be entitled to maternity benefit unless she has actually worked in an
establishment of the employer from whom she claims maternity benefit for a period of
not less than one hundred and sixty days in the twelve months immediately preceding the
date of her expected delivery:
Provided that the qualifying period of one hundred and sixty days aforesaid shall
not apply to a woman who has immigrated into the State of Assam and was pregnant at
the time of the immigration.
Explanation: - For the purpose of calculating under this sub-section the days on
which a woman has actually worked in the establishment, the days for which she has
been laid-off during the period of twelve months immediately preceding the date of her
expected delivery shall be taken into account.
These are the excerpts from the act itself..
and rs 3500/- as medical bonus is to be given only if the employer does not provides pre & post natal care...
From India, Asansol
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every woman shall be entitled to, and her employer shall be liable for, the payment of
maternity benefit at the rate of the average daily wage for the period of her actual absence
immediately preceding and including the day of her delivery and for the six weeks
immediately following that day.
Explanation. – For the purpose of this sub-section, the average daily wage means the
average of the woman’s wages payable to her for the days on which she has worked
during the period of three calendar months immediately preceding the date from which
she absents herself on account of maternity, or one rupee a day, whichever is higher.
(2) No woman shall be entitled to maternity benefit unless she has actually worked in an
establishment of the employer from whom she claims maternity benefit for a period of
not less than one hundred and sixty days in the twelve months immediately preceding the
date of her expected delivery:
Provided that the qualifying period of one hundred and sixty days aforesaid shall
not apply to a woman who has immigrated into the State of Assam and was pregnant at
the time of the immigration.
Explanation: - For the purpose of calculating under this sub-section the days on
which a woman has actually worked in the establishment, the days for which she has
been laid-off during the period of twelve months immediately preceding the date of her
expected delivery shall be taken into account.
These are the excerpts from the act itself..
and rs 3500/- as medical bonus is to be given only if the employer does not provides pre & post natal care...
From India, Asansol
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Dear All,
Thanks for sharing your valuable knowledge. I have a query on the subject: In case an employee gets cashless or reimbursement benefits for maternity from an employer's group mediclaim policy for which premium contributions are solely borne by the employer (with 30/60 days pre and post-hospitalization medical charges), can the same be treated as pre/postnatal care, and subsequently, the liability of payment of medical bonus doesn't arise?
Looking forward to a reply from Madhu Sir/other learned colleagues at the earliest.
Regards, Amitava Majumder
From India, Calcutta
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Thanks for sharing your valuable knowledge. I have a query on the subject: In case an employee gets cashless or reimbursement benefits for maternity from an employer's group mediclaim policy for which premium contributions are solely borne by the employer (with 30/60 days pre and post-hospitalization medical charges), can the same be treated as pre/postnatal care, and subsequently, the liability of payment of medical bonus doesn't arise?
Looking forward to a reply from Madhu Sir/other learned colleagues at the earliest.
Regards, Amitava Majumder
From India, Calcutta
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Section 8 provides for free prenatal and postnatal care for women. However, the section does not specify how the care should be administered. When the Act was enacted in 1961, facilities such as those provided under a mediclaim policy were not available. Therefore, it should be interpreted as care provided by a maid employed by the employer and personally present at the employee's residence. If the mediclaim policy covers such care, then the employer would not be required to provide medical bonuses.
Regards,
Madhu.T.K
From India, Kannur
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Regards,
Madhu.T.K
From India, Kannur
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Creche under Maternity Benefit Act.pdf
MATERNITY BENEFIT ACT 2009.doc