Hi, Please guide me, what is the maternity benift amount employer need to pay to their employee and how to calculate the Maternity amount.
From India, Bhatinda
10From India, Bhatinda
Dear member, please indicate whether your unit/establishment is covered under ESI Act, 1948 ? If no, then whether your question relate to payment of maternity benefit under provisions of the Maternity Benefit Act, 1961 ?
From India, Noida
From India, Noida
Hi Harsh Kumar Mehta,
In our company, all the employees are crossed the prescribed limit of ESI. So, none of our employee cover under ESI. Hence, i need the details of eligible amount under Maternity Benefit Act 1961 and its calculation. Please do the needful.
From India, Bhatinda
In our company, all the employees are crossed the prescribed limit of ESI. So, none of our employee cover under ESI. Hence, i need the details of eligible amount under Maternity Benefit Act 1961 and its calculation. Please do the needful.
From India, Bhatinda
1. Dear member,under the Maternity Benefit Act, 1961 there is condition of minimum number of day's service ( eighty days in the twelve months immediately preceding the date of her expected delibery -Section 5). Further in order to ascertain the amount of maternity benefit payable please see section 5(1) of said Act. The terms "maternity benefit" and "wages: have been defined under section 3(h) & 3()n) of the said Act.
2. In addition, you are also required to consult the Rules framed under above Act by the appropriate government, If your establishment is located in Punjab ( & if appropriate government in your case is Punjab Govt), then you are also required to comply with the Maternity Benefit Rules as framed and made applicable by the said Government. The rules may describe the procedure regarding payment of said maternity benefit and the records to be maintained to show compliance of the same.
3 In my opinion, after calculating the wages and average wages, you can calculate the maternity benefit amount to be paid in the matter accordingly.
From India, Noida
2. In addition, you are also required to consult the Rules framed under above Act by the appropriate government, If your establishment is located in Punjab ( & if appropriate government in your case is Punjab Govt), then you are also required to comply with the Maternity Benefit Rules as framed and made applicable by the said Government. The rules may describe the procedure regarding payment of said maternity benefit and the records to be maintained to show compliance of the same.
3 In my opinion, after calculating the wages and average wages, you can calculate the maternity benefit amount to be paid in the matter accordingly.
From India, Noida
Hi all,
i am working in Pvt company for 1 and half years.we are just 20 employees.i want to know maternity benefits as in am i eligible for full salary during maternity.i am being told
by my boss that as per our company policy i will get salary but in the policy there is no mention regarding wages.Also i am aware of our ex employee who received half the salary in 2010 during her maternity leaves.I want to know how i can claim for full salary as i was not aware about this.i am already 5 months hence cannot take up a new job.
is there any law where i can fight for?
Kindly guide me.
From India, Thane
i am working in Pvt company for 1 and half years.we are just 20 employees.i want to know maternity benefits as in am i eligible for full salary during maternity.i am being told
by my boss that as per our company policy i will get salary but in the policy there is no mention regarding wages.Also i am aware of our ex employee who received half the salary in 2010 during her maternity leaves.I want to know how i can claim for full salary as i was not aware about this.i am already 5 months hence cannot take up a new job.
is there any law where i can fight for?
Kindly guide me.
From India, Thane
1. Dear member, Please refer to section 5 of the Maternity Benefit Act, 1961 which lays down the rate on the basis of which the maternity benefit is to be paid to eligible woman employee. The term wages has been defined under section 3(n) of said Act. Please also see whether ESI Act is applicable in your establishment or not ?
2. Further the statutory provisions are required to be complied with. There is no discretion with any employer to pay the said benefits to his employees at some other rates less than as mentioned in the said Act. In case, employer pays maternity benefit less, then he may be doing at his own risk and responsibility. The aggrieved employee can naturally take up the matter with the authorities as specified in the Act mentioned above.
3. You can download the above Act from the website of Ministry of Labour & Employment and the rules from the website of the state government in which your establishment is located and can also calculate the "maternity benefit " which will be admissible to you.
From India, Noida
2. Further the statutory provisions are required to be complied with. There is no discretion with any employer to pay the said benefits to his employees at some other rates less than as mentioned in the said Act. In case, employer pays maternity benefit less, then he may be doing at his own risk and responsibility. The aggrieved employee can naturally take up the matter with the authorities as specified in the Act mentioned above.
3. You can download the above Act from the website of Ministry of Labour & Employment and the rules from the website of the state government in which your establishment is located and can also calculate the "maternity benefit " which will be admissible to you.
From India, Noida
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Creche under Maternity Benefit Act.pdf
MATERNITY BENEFIT ACT 2009.doc