The section says 80 days of actual work during last 12 months.Read sec5(2) of the Act.
From India, Pune
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3180From India, Pune
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80 days of work means 80 days, including holidays, weekly offs, and other paid leaves. Please be informed that whenever the reference of working days for eligibility for annual leave, gratuity, layoff compensation, retrenchment compensation, etc., is mentioned, the days of service should include all paid leaves, paid holidays, and paid weekly off days.
From India, Kannur
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From India, Kannur
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Thanks a lot to both seniors...
The reason I got confused is:
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 80 days in the twelve months immediately preceding the date of her expected delivery:
Provided that the qualifying period of 80 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 subsection the days on which a woman has actually worked in the establishment, 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, the inclusion of paid holidays is mentioned here, but nothing is mentioned about paid leave.
Thanks for clearing the doubts.
From India, Pune
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The reason I got confused is:
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 80 days in the twelve months immediately preceding the date of her expected delivery:
Provided that the qualifying period of 80 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 subsection the days on which a woman has actually worked in the establishment, 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, the inclusion of paid holidays is mentioned here, but nothing is mentioned about paid leave.
Thanks for clearing the doubts.
From India, Pune
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That is not necessary. An employee on the regular payroll of the company is expected to be on duty if they are being paid a salary. If the employee is not at work, we will not provide payment. This is why paid leaves are also considered as days worked.
From India, Kannur
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From India, Kannur
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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
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From India, Gurgaon
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If your medical claim covers postnatal care for the mother and newborn child, then you need not pay the medical bonus. Most medical claims are designed to cover only treatment costs and incidental expenses, excluding the cost of nursing after the patient has been discharged from the hospital. It may not cover the fees of a doctor visiting your employee's home to provide necessary advice on healthcare matters, precautions to be taken, etc.
From India, Kannur
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From India, Kannur
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Thank you for your response, Mr. Madhu.
Also, is the above valid in cases where most of the premium is borne by the employees only with little contribution by the employer in the overall policy, even 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
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Also, is the above valid in cases where most of the premium is borne by the employees only with little contribution by the employer in the overall policy, even 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
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Who pays your premium is irrelevant. What is relevant is which all risks are covered.
From India, Kannur
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From India, Kannur
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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
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From India, Gurgaon
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What was your query? Whether the employer should pay a medical bonus if the employee is covered by mediclaim. My response was: If your mediclaim covers prenatal and postnatal care, the bonus need not be paid. I have also directed you to review the relevant terms, as most policies cover only treatment costs and not prenatal or postnatal care. It is therefore implied that the employer should pay it. You then inquired about the scenario where the policy premium is borne by the employer. I explained that who pays the premium is not the concern of the insurers; what matters to them is whether the insured is covered by paying the premium or not.
You have once again brought up a section in the Maternity Benefit Act which states that it is the employer's responsibility to pay the medical bonus. I reiterate that if your policy is structured in a way that the insurers will handle prenatal and postnatal care for your employee and newborn child, then the employer does not need to pay Rs 3500, as this obligation is assumed by the insurers. Moreover, if the employee is under ESI, will the employer pay a medical bonus? No, because this responsibility has been shifted from the employer to the ESIC.
From India, Kannur
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You have once again brought up a section in the Maternity Benefit Act which states that it is the employer's responsibility to pay the medical bonus. I reiterate that if your policy is structured in a way that the insurers will handle prenatal and postnatal care for your employee and newborn child, then the employer does not need to pay Rs 3500, as this obligation is assumed by the insurers. Moreover, if the employee is under ESI, will the employer pay a medical bonus? No, because this responsibility has been shifted from the employer to the ESIC.
From India, Kannur
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