Maternity Act Benefit - CiteHR
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Dear All,
I would like to know more about the Maternity Act Benefit in case of Surrogacy and also in case of in-vitro fertilization.
Do these two scenario have the same consideration in the Law as far as benefits are concerned? Will the mother be eligible for the same benefits in case of the above two scenarios?
Looking forward for your responses.
Warm Regards
Sandhya R.
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For giving benefits under the Maternity Benefits Act, the employer is under no obligation to refer to her marital status. Therefore, if she is certified by the medical practitioner of conceiving, the employer is legally bound to extend her whatever benefits are available under the MB Act. Since Supreme Court has also approved surrogacy (even commercial surrogacy) we can not deny the benefits.
In the case of in-vitro fertilisation also the matter will be the same as the employee herself gives birth to a child and the fertilisation is only an artificial process.
Thanks Madhu for your Prompt reply !! This explains quite a lot.
But as far as surrogacy is concerned, there can be two aspects-
1. When the lady employee giving birth to the child(That has been answered by you)
2. When the employee adopts a child from other surrogate mother. Will the employee get any benefits like paid leaves, medical expenses coverage.. etc.
This MB Act has been provided for the welfare of both the mother and the child and even in case of adoption by surrogacy, the child still requires the mother(adopted mother in this case). Is there any amendment/provision that has been made to include this concern legally?
Looking forward to your reply,
Warm Regards
Sandhya R.
Leave for Adopting a child is not provided in the Maternity benefits Act, though it has been made mandatory under central and various state government rules.Therefore, for the time being, Maternity benefit Act is confined only to mother who is an employee and for availing the benefits pregnancy and child birth are mandatory. Certainly, miscarriage is also covered.
Dear Sir/Mam,
I am working Officer HR in Pharma company & want to know more about Maternity benifit to the spouse of employee.
When ESIC is not applicable ( Union Terretory ) & mediclaim & general insurance is covered.
Also wanted to know more about process of claim
Ravi Rawal
Hi Madhu,
I'm vaidehi from mumbai. I'm under esic benefits & i'm 4 months pregnant. But no-one in my office have an idea about the maternity claim procedure. I want to know all the procedure including different form submissions in different months & where to do all this mumbai. even our pf & esic consultant is not co-operating. Please help me in this regard as esic contribution is deducting from my salary since last 4 years. I have a bio-metric card in my old name & our consultant has given me a online print out of name change (after marriage).
You may contact the Local Office where your company files returns and also go to dispensary to which you are attached to. Though at present you can get treatment from any dispensary it is advisable to go to the same dispensary and local office since most of the local offices and dispensaries are yet to be connected online. You will get the required details from there.
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