Dear HR Members,
Can any one suggest me on maternity benefit.
1. If woman is not covered under ESI act what will be the eligibility criteria for availing Maternity benefit act.
2. It is possible to give maternity benefit like pay after the return to work.
3. Then what will be the pay method, it should be full salary including variables. or only the basic pay.
Regards,
Ranganathan L

From India, Hyderabad
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
R.N.Khola
Labour Laws & Ir
Pon1965
Construction
Sethupathy-s
Legal, Training
Ranganathan L
Admin Executive
Pragya22
Junior Resident
+1 Other

Dear Ranganathan,
For your ref I am enclosing MB act and FAQ on it.
As per as your questions are concern-
1)A women shall be entitled to maternity benefit only if she has actually worked in an establishment of the employer for a period of not less then eighty days in the twelve months immediately proceeding the date of her expected delivery (section-5[2])
2) Sec 6 (5) The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on production of such proof as may be prescribed that the woman is pregnant, and the amount due for the subsequent period shall be paid by the employer to the woman within forty-eight hours of production of such proof as may be prescribed that the woman has been delivered of a child.
3) This is for full salary
Hope it is clear
S.Sethupathy,
Excellent HR Services,
Erode.

From India, Selam

Attached Files (Download Requires Membership)
File Type: pdf THE_MATERNITY_BENEFIT_ACT_1961-Brief.pdf (70.6 KB, 985 views)
File Type: pdf MATERNITY BENEFIT ACT1961.pdf (76.5 KB, 655 views)
File Type: doc maternity benefit act-faq.doc (31.0 KB, 1110 views)

Hi,

To protect the dignity of motherhood by providing for the full and healthy maintenance of women and her child when she is not working Maternity Benefit Act 1961 is there.

1. If woman is not covered under ESI act what will be the eligiblity criteria for availing Maternity benefit act.

If women not covered under ESIC act then she will be covered under Maternity Benefit Act 1961 if she had worked 80 or more than 80 days in organization.

2. It is possible to give maternity benefit like pay after the return to work. 3. Then what will be the pay method, it should be full salary including variables. or only the basic pay.

Yes, Female employee will get full pay during Maternity leave with other benefits and after joining the organization post ML there will be no deduction in his salary.

For more information about Maternity Leave pls refer pblabour.gov.in

Maternity Benefit Act, 1961 - Right to Payment of Maternity Benefits

White Eagle: Applicability of ESI Act is extended for Delhi Area

From India, Hyderabad
Dear S.Sethupathy,
With due respect to your reply & attachments I would like to submit here that the medical bonus under section 8 have been increased by the Maternity Benefit (Amendment) Act, 2008 ( 15 of 2008 ) from Rs. 250 to Rs. 1, 000/- wef 15.04.2008.
[SIZE=1][B][COLOR=red][FONT=Verdana]R.N.KHOLA

From India, Delhi
Dear all, Is this applicable even during probation period. 80 days means from DOJ or after confirmation. Regards, Ranganathan L
From India, Hyderabad
MB Act does clearly specify 80 days working. It does not matter as to whether in confirmed service or probation. DOJ applies. pon
From India, Lucknow
Hi, According to me MB Act , 1961 is social security legisaltion and it is applicable from 80 days from DOJ.
From India, Hyderabad
Dear Sirs, can the pre delivery mat leave period availed without continuity? Pls enlighten.
From India, Calcutta
Dear Member, Thanks for updating me. Yes, the notification dated 11.08.2008 is latest notification regarding payment of medical bonus. R.N.KHOLA
From India, Delhi
Hey all, as I see here everyone is saying that a woman is eligible to maternity benefits if she has worked in an establishment for atleast 80 days in the last 12 months but, according to the pdf I downloaded from the offcial govt site the time period specified is 160 days in the last 12 months.
What is the source of this 80 days policy everyone is talking about and may I please get an official copy of it?
I just had a miscarriage and my hospital is not providing me with the abortion leave citing the official notice which specifies a period of 160 days.

From India, New Delhi

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