Thanks you all for guiding through.I have 3 questions
1. Like in our org we give 3 months paid maternity leave and beyond that its in the unpaid leave period,what would be the treatment of PF? in the challan will we mention gap period or unpaid leave
2 . We give ex gratia amount to employees and its committed in the appointment letter so when one of our employees wenton maternity leave just in feb so management decided to hold her amount? is it fair ?? or can it be done ?
3 Mr. Malik ji has mentioned that ""if you have not given any prenantal check up help than she is entitle for 1000 rupees as medical bonus."" what all do we cover in the word help --- to clarify my question is it days off or monetary benefit for pre natal check up.
Please sort my query...
thanks & regards

From India, Chandigarh

dear renjini
you have not gone the words i have should not be more than 42 days before delivery it mean before delivery you can take any number of leaves but not more than 42 days ,however balance you can take after delivery.i think it is clear now.
js malik

From India, Delhi

Dear Sir,
Mine is a small IT company in Haryana with 22 people. we dont have any maternity policy right now in our company. My question is what benefits female staff is entitled to in this regard as per a private company norms?

From India, New Delhi

dear neha
regarding your first question ,if salary is not paid for a particular month than no PF will be paid.suppose you pay 10 days salary to an employee in a particular month than u will deposit PF on earnings not on full salary,if no earning no PF will be paid.
2.if it is mentioned in appointment letter than you should pay exgratia.
3. as regard to 1000 rupees medical bonus ,the exact wordings are
a medical bonus of rs 1000 if the employer does not provide free medical care to the women.
means employer has not provided prenental checkup .
js malik

From India, Delhi

dear swati
if an female employee is covered under ESI ,than all benefits to be provided by ESI .if someone is not covered in ESI than all benefits to be given as per maternity benefit act.female employee is entitle
for maternity benefit if she has worked 80 days before proceeding on leave .benefits are given below.
1leave with pay not more than 6 weeks before delivery and 6 weeks or more after delivery .total leave is 12 weeks.
2.a medical bonus of rs 1000 if the employer does not provide free medical care to women. additional leave with pay upto one month if women shows proof of illness due to pregnancy,miscarriage,or premature birth.
4 in case of miscarriage six week leave with pay from the date of miscarriage,
j s malik

From India, Delhi

Sorry Sir,
actually here in the forum only one of the document stated its 45 days when rechecked it 6 weeks only.Also,Criminal abortion or miscarriage does not entitle for ESI benefit .Miscarriage
will be benefited only when the expulsion of the content of a pregnant uterus at any period prior to or during 26th week of the pregnancy.

From India, Calcutta
As per Maternity Act 1961, Woman shall be entitled to maternity benefit if she has actually worked in an establishment of the employer from whom she claims maternity benefit, for a period of not less than eighty days in the twelve months immediately preceding the date of her expected delivery. Provided that the qualifying period of 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.
The maximum period for which any woman shall be entitled to maternity benefit shall be twelve weeks of which not more than six weeks shall precede the date of her expected delivery.
Payment is monthly salary excluding the overtime benefits, incentives etc.
Benson Mendez

From India, Kollam

Hi ,
I have one doubt in it. Like u have mentioned"Miscarriage
will be benefited only when the expulsion of the content of a pregnant uterus at any period prior to or during 26th week of the pregnancy" does it apply even to the employees who are not covered under ESI ? Then in that case is company supposed to compensate at full salary with 6 weeks leave.

From India, Chandigarh

It is made clear that the definition of 'miscarriage' in both the Acts i.e under The MB Act,1961 & ESI Act,1948 are one & the same & thus the woman employee is also entitled to Maternity Benefit for 6 weeks from the date of miscarriage if not covered under ESI & is covered under The Maternity Benefit Act,1961.
Opinion submitted as requested.

(Labour Law & Legal Consultants)

From India, Delhi

Dear All,
As allready discussed if a women covered under ESI then company is not liable to pay any compensation,
and to get relief under Maternity beneift act it is compulsary for employee to work 80 days during the 12 months immediatily before the delivery

From India, Delhi

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