christudaskv
Is the staff covered and availed benifits under ESI eligible for Maternity bonus from the employer?
From India, Thrissur
mukesh_azad
16

Dear
I am reproducing the Section 8 of Maternity Benefits Act, ..
8. Payment of medical bonus.
Every woman entitled to maternity benefit under this Act shall also be entitled to receive from her employer a medical bonus of 1[two hundred and fifty rupees], if no pre-natal confinement and post-natal care is provided for by the employer free of charge.
I hope that now it has been clear.

From India, Gurgaon
v.harikrishnan
169

Dear Mr.Christudaskv

Your query is whether the staff who are covered and availed benifits under ESI are eligible for Maternity bonus from the employer?

As a general rule, MB Act is not applicable wherever the ESI Act is applicable.

However please refer to section 5A of the Maternity Benefit Act. According to Section 5A if initially the Maternity Benefit Act is applicable to the woman employee and subsequently thereafter, the ESI Act becomes applicable to that particular woman employee, the woman employee will continue to be governed by the MB Act until such time she becomes eligible to get the maternity benefit under the ESI Act.

In the second case in case where the woman employee is covered by the ESI Act initially and subsequently she goes out of the ESI Act consequent to the increase in her wage beyond Rs.15,000/ per month, then the woman employee will be covered by the provisions of the MB Act and get the benefits provided therein.

The woman employee cannot have the benefits of both the ESI Act and the MB Act at the same time.

From India, Madras
vikasranjan07@rediffmail.com
2

Dear Respective,
As per the provision of Maternity Benefit Act, 1961, every woman employee is entitled to get maternity bonus either she is registered with ESIC and receiving the benefits from ESI. She is eligible for receive of both the benefit at a time.
Thanks & Best regards:
VIKAS

From India, Hyderabad
balaji.venkatesan
10

Dear Seniors, kinldy give more details on this MB and ESI Benefits applicable to women employee.
From India
mukesh_azad
16

Dear Balaji V I am attaching the PDF format of Maternity Benefit Act, you are requested to kindly go through the same. thereafter if you need any guidance, i am here to guide you. Thanks
From India, Gurgaon
Attached Files (Download Requires Membership)
File Type: pdf maternity_benefit_act_1961.pdf (133.9 KB, 297 views)

Vasant Nair
90

Sorry Vikas, you are not quire right. It either the ESI or the MB Act under which a female employee can claim benefits. One cannot enjoy benefits under both statutes.
Please do read your Labour laws carefully, in case you are an HR person.
Vasant Nair

From India, Mumbai
christudaskv
My dear Friends, Thank you very much for your comments. As detailed by Mr. Harikrishnan, section 5A & 5B are applicable in this case. Thanks, expecting such interactions in future Christudas
From India, Thrissur
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