Madhu.T.K
Industrial Relations And Labour Laws
Madhan.rk
Sr. Executive - Hr & Admin
+3 Others

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Dear sir/mam, can anyone tell me how to calculate maternity benifit amount under esic act.and also kindly explain why maternity benifit is given under esic act inspite of having a seperate act for maternity that is maternity benifit act...plz help me...
Regards
paras thakur(mba student)...

Hi
Maternity Benefit is payable to an Insured Woman in the following cases subject to contributory conditions:-
Confinement-payable for a period of 12 weeks (84 days) on production of Form 21 and 23.
Miscarriage or Medical Termination of Pregnancy (MTP)-payable for 6 weeks (42 days) from the date following miscarriage-on the basis of Form 20 and 23.
Sickness arising out of Pregnancy, Confinement, Premature birth-payable for a period not exceeding one month-on the basis of Forms 8, 10 and 9.
In the event of the death of the Insured Woman during confinement leaving behind a child, Maternity Benefit is payable to her nominee on production of Form 24 (B).
Maternity benefit rate is 100% of average daily wages..
Have enclosed the benefits and rules of maternity under ESI for your reference..
Regards
Madhan


Attached Files
File Type: pdf Maternity Act.pdf (176.9 KB, 808 views)

Dear sir thank u very much for ur kind reply. But still i have following doubt...(1)maternity benifit is covered under esic so why there is a seperate act for maternity that is maternity benifit act. And (2)as we know maternity benifit act 1961,dose not applicabe to those factory where the esic act applies.so if the women whose salary is above 15000.who also are not eligible for esic contribution.so kindly explain will she eligible for maternity benifit during her confinement...plz clear my doubt...
Hi As you said for those gross is less than 15000 ESI will cover the maternity benefits.. for those gross earning more than 15000 company need to compensate the 84 days. Regards Madhan
1)The ESI Act covers women employees drawing wages of Rs.15000/- or less but not above. Therefor those whose wages are above rs.15000/-p.m can be covered under the Maternity Benefit Act 1961.
2) The ESI Act is applicable to establishments(other than factories) employing 20 employees (unless reduced to ten by notifications by State Governments) where as Maternity Benefit Act is also applicable to establishments employing ten or more persons.Thus the maternity Benefit Acct covers those establishments that are not covered by ESI Act.
B.Saikumar
Mumbai

All women may not be covered under ESI Act,either because their salary is above Rs 15000/pm or the establishment they are working may be exempted or the place may not be an implemented area.In such cases MB will apply .
VARGHESE MATHEW
9961266966

Let me answer it in a different way. Maternity Benefit Act makes it obligatory on the part of the employer to provide for maternity benefits like leave with salary, medical bonus etc. At the same time, in respect of employers who are covered by ESI Act, the responsibility of paying maternity benefits of those women employees who come under the purview of the ESI Scheme is taken over by the Employees State Insurance Corporation. That means, it is a kind of insurance under which the employer pays contribution to the ESI Corporation on regular intervals, ie, monthly basis. Obviously, in respect of those who are not qualified to take coverage under the ESI Scheme, the employer alone is responsible to grant benefits.

For providing benefits there are some conditions also, the conditions of salary for coverage (as you know those who are paid more than Rs 15000 are not entitled to get the cover under the ESI) and contributory conditions are the main conditions attached. That is why it is becoming the responsibility of the employer alone to take care of the maternity benefits in respect of a woman employee who is covered by ESI but at the same time who has not contributed at least for 70 days during the two contribution periods immediately preceding the date of delivery. The same contributory condition applies to miscarriage also. In such scenarios, it will be the responsibility of the employer to pay benefits though the employee is covered by ESI and in respect of the employee the employer has contributed his share of contribution at the prescribed rate of 4.75%.

One more thing to be added is that though the employer is not responsible to provide for maternity benefits to an employee who has not worked at least for 80 days during the 12 months immediately preceding the date of delivery, in case of miscarriage, he is liable to give 6 weeks leave with wages and for miscarriage the qualifying service of 80 days is not applicable. The contributory condition in the ESI is applicable in the case of miscarriage also leading the employer to take it over.

That means providing Maternity benefits is the responsibility of the employer but if that employer is covered by ESI Act ( a minimum 10 employees is required for coverage under the ESI Act), then in respect of those employees who are covered and who have contributed at least for 70 days, he has no liability but that will be taken care of by the ESI corporation.

Regards,

Madhu.T.K

what is amount of meidcal bonus under ESI as well Maternity benefit?
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