Navigating Maternity Benefits: Eligibility and Payment Options Outside the ESI Act

Dear HR Members,

Maternity Benefits Inquiry

Can anyone suggest on maternity benefits?

1. If a woman is not covered under the ESI Act, what will be the eligibility criteria for availing Maternity Benefit Act?

2. Is it possible to provide maternity benefits like pay after returning to work?

3. What will be the payment method - should it be the full salary including variables, or only the basic pay?

Regards,
Ranganathan L

Dear Ranganathan, For your reference, I am enclosing the Maternity Benefit Act and FAQs related to it. Regarding your questions:

1. A woman shall be entitled to maternity benefits only if she has actually worked in the employer's establishment for a period of not less than eighty days in the twelve months immediately preceding the expected delivery date (Section 5[2]).

2. Section 6(5) states that the amount of maternity benefit for the period preceding the expected delivery date should be paid in advance by the employer upon the woman's presentation of proof of pregnancy. The subsequent amount due should be paid within forty-eight hours of proof of childbirth.

3. This pertains to full salary.

I hope this clarifies.

Regards, S. Sethupathy, Excellent HR Services, Erode.

To protect the dignity of motherhood by providing for the full and healthy maintenance of women and her child when she is not working, the Maternity Benefit Act 1961 is in place.

Eligibility Criteria for Maternity Benefit Act

If a woman is not covered under the ESI Act, she will be eligible for the Maternity Benefit Act 1961 if she has worked 80 days or more in the organization.

Maternity Benefits and Pay Method

Yes, a female employee will receive full pay during maternity leave with other benefits. After returning to work, there will be no deduction in her salary.

For more information about Maternity Leave, please refer to pblabour.gov.in.

Maternity Benefit Act, 1961 - Right to Payment of Maternity Benefits

White Eagle: Applicability of ESI Act is extended for Delhi Area

I have corrected the spelling, grammar, and formatting errors in your text. Let me know if you need further assistance.

With due respect to your reply and attachments, I would like to submit here that the medical bonus under Section 8 has been increased by the Maternity Benefit (Amendment) Act, 2008 (15 of 2008) from Rs. 250 to Rs. 1,000/- with effect from 15.04.2008.

Regards,
R.N. Khola

Is this applicable even during the probation period? Does 80 days mean from Date of Joining (DOJ) or after confirmation?

Regards,
Ranganathan L

According to me, the MB Act of 1961 is social security legislation, and it is applicable from 80 days from the Date of Joining (DOJ).

Can the pre-delivery maternity leave period be availed without continuity? Please enlighten.

As I see here, everyone is saying that a woman is eligible for maternity benefits if she has worked in an establishment for at least 80 days in the last 12 months. However, according to the PDF I downloaded from the official government site, the time period specified is 160 days in the last 12 months.

Source of the 80-day policy

What is the source of this 80-day policy everyone is talking about, and may I please get an official copy of it? I just had a miscarriage, and my hospital is not providing me with the abortion leave, citing the official notice which specifies a period of 160 days.