Dear Seniors,
Please give your view on my below question or confusion ?
My company going to provide a medical insurance to our all employees, with maternity cover for our all women employees who is not cover under ESIC.
If my company provide this type of insurance to employees, even then company will liable to pay maternity benefit to women employees.
Thanks in advance,
Mukesh Singh

From India, New Delhi
Medical Insurance talks about only Medical Expenses It will not cover leave with wages
Under the Maternity Benefit Act, Employer has to provide 12 weeks of leave with wages whether he give medical aid or not. Legally sanctioning leave with wages is a requirement. Once an employee comes out of ESI, no medical aid is obligatory under any statue. Hence even if you take a Medical Insurance Policy, giving 12 weeks of paid leave under Maternity Benefit Act is obligatory
Sivasankaran

From India, Chennai
You can not take any exception from the main provisions of Maternity Benefit Act. If your policy provides for post natal care to women then you need not pay the medical Bonus of Rs 3500 as provided in the Act but it is mandatory that you should give 12 weeks leave with salary even if you have a policy exclusively for maternity benefits. In respect of ESI covered employees, of course, the obligation to extend the maternity benefit will be taken care by the ESIC. It should also be noted there that in respect of those employees who are not eligible to get maternity benefit from ESIC due to the reason that their contribution period has not commenced or have not employed for at least 70 days during the two contribution period immediately preceding the date of delivery, the responsibility for granting benefits falls on the employer. That means Maternity Benefit Act can not be substituted by any other policies.
Regards,
Madhu.T.K

From India, Kannur
You say your employer is introducing a medical insurance sheme covering maternity care for all those women who are not covered by ESIC. You need to verify whether it covers all benefits like medical bonus for pre-natal and post natal care, maternity benefit ( wages during the 12 week leave) and other benfits etc and if they are not less but more favourable than under the Act, then a woman can avail benfits under the insurance sheme.In such case, a woman employee cannot avail benfits both under the Insurance sheme as well as under the Act.
B.Saikumar
Mumbai

From India, Mumbai
It is but obvious that the employer has introduced a scheme by way of introducing medical coverage for all those employees not covered under the provision of ESI Act, 1948. The provision of the Maternity benefit will be applicable even in the case when employer is providing additional welfare facility the women employees. An employer could not escape from his responsibility by way of introducing Medical coverage under MB Act.
Thanks
Regards
R B Yadav
Advocate

From India, Mumbai
If the insurance scheme provide all benefits under the Act,then you can get exemption from the Act by a specific order from your state govt u/s26 of the MB Act. Varghese Mathew 9961266966
From India, Thiruvananthapuram





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