The section says 80 days of actual work during last 12 months.Read sec5(2) of the Act.
From India, Pune
3131From India, Pune
80 days working means 80 days including holidays, weekly offs and other paid leaves. Please be informed that wherever reference of working days for eligibility of annual leave, gratuity, lay off compensation, retrenchment compensation etc are mentioned, the days of service should include all paid leaves, paid holidays and paid weekly off days.
From India, Kannur
From India, Kannur
Thanks a lot to both seniors...
The reason i got confuse is;
(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 1*[eighty days] in the twelve months immediately preceding the date of her
expected delivery:
Provided that the qualifying period of 1*[eighty 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, 1*[the days for which she has been laid off or was on holidays declared under any law for the time being in force to be holidays with wages] during the period of twelve months immediately
preceding the date of her expected delivery shall be taken into account.
Now , Inclusion of paid holidays is mentioned in here but, nothing is mentioned about paid leave.
Thanks for clearing the doubts.
From India, Pune
The reason i got confuse is;
(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 1*[eighty days] in the twelve months immediately preceding the date of her
expected delivery:
Provided that the qualifying period of 1*[eighty 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, 1*[the days for which she has been laid off or was on holidays declared under any law for the time being in force to be holidays with wages] during the period of twelve months immediately
preceding the date of her expected delivery shall be taken into account.
Now , Inclusion of paid holidays is mentioned in here but, nothing is mentioned about paid leave.
Thanks for clearing the doubts.
From India, Pune
That is not necessary. An employee on regular rolls of the company is expected to be on service if she is paid salary. If she is not in service, we will not pay salary. That is why leaves which are paid leaves are also considered as days worked.
From India, Kannur
From India, Kannur
I have a query in regard to MEDICAL BONUS. In a case where the employee is availing the Group Insurance benefits for her Maternity, is company still liable to pay medical bonus (INR> 3,500/-)?
From India, Gurgaon
From India, Gurgaon
If your medi claim covers post natal care of mother and new born child, then you need not pay the medical bonus. Most of the medi claims are designed in such a way that it covers only treatment costs and incidental costs and excludes the cost of nursing after the patient has been discharged from hospital. It may not cover the fees of a doctor going to your employee's home for giving necessary advises on health care matters, precautions to be taken etc.
From India, Kannur
From India, Kannur
Thank you for your response Mr. Madhu.
Also, is above valid in the cases where the most of the premium is borne by the employees only and little contribution by the employer in the overall policy? though the Group Medical policy is in the Company's name.
Whose expense will it be considered? The employer or the Employee.
From India, Gurgaon
Also, is above valid in the cases where the most of the premium is borne by the employees only and little contribution by the employer in the overall policy? though the Group Medical policy is in the Company's name.
Whose expense will it be considered? The employer or the Employee.
From India, Gurgaon
Who pays your premium is irrelevant. What is relevant is which all risks are covered.
From India, Kannur
From India, Kannur
I believe it is relevant because it is mentioned in Section 8 of the Act that it is the employer who should bear the cost of pre/post natal treatment OR pay medical Bonus.
From India, Gurgaon
From India, Gurgaon
What was your query? Whether the employer should pay medical bonus if the employee is covered by medi claim. What was my answer? I replied if your medi claim covers pre natal and post natal care the bonus need not be paid. I have also directed you to see the relevant terms because most of the policies covers only treatment costs and not pre natal or post natal care. It is therefore, implied that the employer should pay it. Again you asked if the policy is premium is borne by the employer what is the status? I have replied that who pays the premium is not the look out of the Insurers and for them what is relevant is whether the insured is covered by paying premium or not. Now you are again coming with a section in the maternity benefit Act it is the responsibility of the employer to pay medical bonus. I am again saying that if your policy is designed in such a way that the insurers will take care of pre natal and post natal care of your employee and new born child, then the employer need not pay Rs 3500. This is because this obligation is taken over by the insurers. Now, if the employee is under ESI will the employer pay medical bonus, no because it has been shifted from the employer to the ESIC
From India, Kannur
From India, Kannur
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Right to payment of maternity benefits.doc