This is the case of an employee (joined 6 months ago) who is drawing Rs. 33,000 per month (ESI is not applicable). Please let me know the following:
Maternity Benefits Inquiry
1. How can she 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
Maternity Benefits Inquiry
1. How can she 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
Maternity Leave Entitlements for Women Employees
If a 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 approximately 3 months is to be paid at the rate prevailing just before she goes 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.
Regards,
Madhu.T.K
From India, Kannur
If a 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 approximately 3 months is to be paid at the rate prevailing just before she goes 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.
Regards,
Madhu.T.K
From India, Kannur
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
From India, Asansol
Right to Payment of Maternity Benefit
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.
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. Additionally, Rs 3500/- as a medical bonus is to be given only if the employer does not provide pre & post-natal care.
From India, Asansol
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.
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. Additionally, Rs 3500/- as a medical bonus is to be given only if the employer does not provide pre & post-natal care.
From India, Asansol
Dear All, Thanks for sharing your valuable knowledge. I have a query on the subject: In case an employee receives 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
Regards, Amitava Majumder
From India, Calcutta
Section 8 and Prenatal/Postnatal Care
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
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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