Maternity Benefits for Female Employees Outside ESI: Do Higher Management Get Full Pay for 12 Weeks?

Maternity Benefits for Female Employees Not Covered Under ESI

What are the maternity benefits for female employees not covered under ESI? If the female employee is in higher management, do we have to give the full salary for 12 weeks to her?

Certainly, yes. For those who are not covered by ESI, the employer is liable to pay the full salary for 12 weeks plus Rs. 3500 as a medical bonus (if no postnatal care is given by the company).

Regards,
Madhu.T.K

Restrictions on Salary for Higher Officials

Can we impose some restrictions on higher officials? For example, is it possible to pay only 55% of the salary or something similar?

No, that is not possible. If you are to follow the laws of the land, then you should follow them. Of course, there are companies that seldom pay anything but just ask the employee to leave the company with a promise that after six months of delivery, she can contact them, and if any vacancy exists, she will be considered. These companies also declare that they are employee-friendly organizations! However, that should not be the way in which a company operates. There is no need to give anything extra but provide everything that is their right.

A member of senior management must be receiving a 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 show. Moreover, a managerial person will always have an extended working time. All these factors should be considered when she is going on 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.

Regards,
Madhu.T.K

Why then only higher management? Today, entry-level salaries in IT, BPO, and even in manufacturing are more than 15,000, and most employees will not be covered under ESI. 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 organizations do not implement some of the legislative requirements, but even those organizations do not tamper with the provisions of the Maternity Benefit Act. Kindly do not think in this direction at all.

Medical Bonus and Maternity Benefits

Is a medical bonus payable by the employer even when the employee receives Maternity Benefits from ESIC?

Regards,
Suresh

If an employee is covered under the Maternity Benefit Act, she is not covered under ESI, and vice versa. The Medical Bonus is applicable only when she is covered under the Maternity Benefit Act. If an employee is covered under ESI and is receiving benefits, she is not eligible to receive any benefit under the Maternity Benefit Act.

Maternity Benefits Under Section 8(1) of the Maternity Benefit Act

Section 8(1) of the Maternity Benefit Act is self-explanatory. This section makes it obligatory for the employer to pay Rs 3500 as a medical bonus to women if no prenatal or postnatal care is provided by the employer. Please remember that this Rs 3500 is a one-time payment and not per month.

Regards,
Madhu.T.K

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.

The employer will have to pay salary for 26 weeks at the same rate as was paid before she went on leave. Only reimbursements, if any, like telephone or fuel reimbursements, can be avoided.