Industrial Relations And Labour Laws
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What are the maternity benefits for the female employees not covered under ESI?? If the female employee is in the higher management do we have to give the full salary of 12 weeks to her??
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Certainly yes. For those who are not covered by ESI, the employer is liable to pay full salary for 12 weeks plus Rs 3500 as medical bonus (if no post natal care is given by the company) Madhu.T.K
For the higher official can we put some restrictions?? like we’ll pay only 55% of salary or something like that??
No that is not possible. If you are to follow the laws of the land, then you should follow it. Of course there are companies who seldom pay anything but just ask the employee to leave the company with a promise that after six months of delivery she can contact and if any vacancy exists she will be considered. These companies also declare that they are employee friendly organisation! But that should not the way in which a company works. No need to give any thing extra but give everything which is their right.

A member of a senior management must be getting higher salary; but her contributions towards the goals of the company would also be higher and that is why she is paid. No establishment will pay just for fancy. Moreover, a managerial person will always have an extended time of working. All these should be considered while she is going for a leave. That means, there should not be any difference in treatment while she is working and while she is unable to work due to physical incapabilities.


Why then only higher management? Today entry level salary in IT and BPO and even in manufacturing is more than 15000 and most of the employees will not be covered under ESI? Then can you differentiate between higher management and junior management!!! Kindly understand the purpose behind these legislations.If you want to pay less, then why 55%? what is the logic?Why can't you pay 30% or 25%?I am aware many organisations do not implement some of the legislative requirements. ut even those organisations do not tamper with the provisions of Maternity Benefit Act. Kindly do not think in this direction at all
Is medical bonus payable by employer even when the employee receives Maternity Benefits from ESIC? Regards, Suresh
If an employee is covered under Maternity Benfeit Act she is not covered under ESI and vice versa Medical Bonus is applicable only when she is covered under Maternity Benefit Act. If an employee is covered under ESI and is getting benefits, she is not eligible to get any benefit under Maternity Benefit Act
Dear Sr.Team Members,
Request you to elaborate on the term Medical Bonus of Rs.3,500/-. Can Anyone give me the Section of the act also.
Request the senior members to help me in this regard.
Section 8(1) of the Maternity Benefit Act is self explanatory. This section makes it obligatory on the part of employer to pay Rs 3500 as medical bonus to women if no pre natal or post natal care is given by the employer. Please remember that this 3500 rupees is one time payment and not per month.
Hello to all seniors,
Need to ask one query. A female employee wants to go in maternity leave. She’s not covered in ESI. Her monthly salary is 50,000. In case of employee cover in ESI, ESI will give monthly wages to concern employee for 26 weeks, but what about in above case. Is company obliged to give salary to concern employee for 26 weeks and if yes what is calculation. Please help me in this case.
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