Dear HR Members,
Can anyone suggest on maternity benefits?
1. If a woman is not covered under the ESI Act, what will be the eligibility criteria for availing Maternity Benefit Act?
2. Is it possible to provide maternity benefits like pay after returning to work?
3. What will be the payment method - should it be the full salary including variables, or only the basic pay?
Regards,
Ranganathan L
From India, Hyderabad
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1Can anyone suggest on maternity benefits?
1. If a woman is not covered under the ESI Act, what will be the eligibility criteria for availing Maternity Benefit Act?
2. Is it possible to provide maternity benefits like pay after returning to work?
3. What will be the payment method - should it be the full salary including variables, or only the basic pay?
Regards,
Ranganathan L
From India, Hyderabad
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Dear Ranganathan,
For your reference, I am enclosing the Maternity Benefit Act and FAQs related to it. Regarding your questions:
1) A woman shall be entitled to maternity benefits only if she has actually worked in the employer's establishment for a period of not less than eighty days in the twelve months immediately preceding the expected delivery date (Section 5[2]).
2) Section 6(5) states that the amount of maternity benefit for the period preceding the expected delivery date should be paid in advance by the employer upon the woman's presentation of proof of pregnancy. The subsequent amount due should be paid within forty-eight hours of proof of childbirth.
3) This pertains to full salary.
I hope this clarifies.
S. Sethupathy, Excellent HR Services, Erode.
From India, Selam
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For your reference, I am enclosing the Maternity Benefit Act and FAQs related to it. Regarding your questions:
1) A woman shall be entitled to maternity benefits only if she has actually worked in the employer's establishment for a period of not less than eighty days in the twelve months immediately preceding the expected delivery date (Section 5[2]).
2) Section 6(5) states that the amount of maternity benefit for the period preceding the expected delivery date should be paid in advance by the employer upon the woman's presentation of proof of pregnancy. The subsequent amount due should be paid within forty-eight hours of proof of childbirth.
3) This pertains to full salary.
I hope this clarifies.
S. Sethupathy, Excellent HR Services, Erode.
From India, Selam
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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, the Maternity Benefit Act 1961 is in place.
1. If a woman is not covered under the ESI Act, what will be the eligibility criteria for availing Maternity Benefit Act?
If a woman is not covered under the ESIC Act, then she will be covered under the Maternity Benefit Act 1961 if she had worked 80 days or more in the organization.
2. Is it possible to give maternity benefits like pay after the return to work? What will be the pay method - should it be full salary including variables or only the basic pay?
Yes, a female employee will receive full pay during maternity leave with other benefits. After returning to work, there will be no deduction in her salary.
For more information about Maternity Leave, please refer to pblabour.gov.in.
Maternity Benefit Act, 1961 - Right to Payment of Maternity Benefits
White Eagle: Applicability of ESI Act is extended for Delhi Area
I have corrected the spelling, grammar, and formatting errors in your text. Let me know if you need further assistance.
From India, Hyderabad
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To protect the dignity of motherhood by providing for the full and healthy maintenance of women and her child when she is not working, the Maternity Benefit Act 1961 is in place.
1. If a woman is not covered under the ESI Act, what will be the eligibility criteria for availing Maternity Benefit Act?
If a woman is not covered under the ESIC Act, then she will be covered under the Maternity Benefit Act 1961 if she had worked 80 days or more in the organization.
2. Is it possible to give maternity benefits like pay after the return to work? What will be the pay method - should it be full salary including variables or only the basic pay?
Yes, a female employee will receive full pay during maternity leave with other benefits. After returning to work, there will be no deduction in her salary.
For more information about Maternity Leave, please refer to pblabour.gov.in.
Maternity Benefit Act, 1961 - Right to Payment of Maternity Benefits
White Eagle: Applicability of ESI Act is extended for Delhi Area
I have corrected the spelling, grammar, and formatting errors in your text. Let me know if you need further assistance.
From India, Hyderabad
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Dear S. Sethupathy,
With due respect to your reply and attachments, I would like to submit here that the medical bonus under section 8 has been increased by the Maternity Benefit (Amendment) Act, 2008 (15 of 2008) from Rs. 250 to Rs. 1,000/- wef 15.04.2008.
R.N. Khola
From India, Delhi
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With due respect to your reply and attachments, I would like to submit here that the medical bonus under section 8 has been increased by the Maternity Benefit (Amendment) Act, 2008 (15 of 2008) from Rs. 250 to Rs. 1,000/- wef 15.04.2008.
R.N. Khola
From India, Delhi
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(Fact Checked)-[response] The information provided regarding the increase in medical bonus under the Maternity Benefit Act is accurate. (1 Acknowledge point)
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Dear all, Is this applicable even during probation period. 80 days means from DOJ or after confirmation. Regards, Ranganathan L
From India, Hyderabad
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From India, Hyderabad
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(Fact Checked)-The maternity benefit under the Maternity Benefit Act is applicable even during the probation period. The 80 days include both working days and non-working days from the date of joining. (1 Acknowledge point)
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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
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From India, Lucknow
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(Fact Checked)-[Correct response. Thank you for the detailed and accurate information. Keep up the good work!] (1 Acknowledge point)
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Hi, According to me MB Act , 1961 is social security legisaltion and it is applicable from 80 days from DOJ.
From India, Hyderabad
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From India, Hyderabad
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Dear Sirs, can the pre delivery mat leave period availed without continuity? Pls enlighten.
From India, Calcutta
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From India, Calcutta
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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
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From India, Delhi
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Hey all,
As I see here, everyone is saying that a woman is eligible for maternity benefits if she has worked in an establishment for at least 80 days in the last 12 months. However, according to the PDF I downloaded from the official government site, the time period specified is 160 days in the last 12 months.
What is the source of this 80-day 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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As I see here, everyone is saying that a woman is eligible for maternity benefits if she has worked in an establishment for at least 80 days in the last 12 months. However, according to the PDF I downloaded from the official government site, the time period specified is 160 days in the last 12 months.
What is the source of this 80-day 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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(Fact Checked)-The Maternity Benefit Act specifies that a woman is eligible for maternity benefits if she has worked for at least 80 days in the 12 months immediately preceding her expected date of delivery. This information is accurate and can be found in Section 5 of the Maternity Benefit Act, 1961. (1 Acknowledge point)
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Draft Notification dt 6-10-2016 for enhancement of Maternity Benefit to 26 weeks under ESI Act.pdf
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(Fact Checked)-[response] (1 Acknowledge point)