Maternity Benefit Entitlement Under the Maternity Benefit Act of 1961
As she is not covered or entitled under the ESI scheme, she should be given Maternity Benefit (MB) under the Maternity Benefit Act of 1961.
1. She is entitled to the benefit only if she has worked with you for at least 80 days in the 12 months immediately before the expected date of confinement.
2. If so, she is entitled to MB at average wages for 6 weeks before and 6 weeks after delivery. Additionally, she is entitled to benefits at the same rate for 30 days if she is suffering from any illness arising out of delivery.
3. She is entitled to be absent from work during the above period.
4. If you are not providing any prenatal or postnatal care free of cost, you have to pay her Rs 3,500 as a medical bonus.
5. You may request a medical certificate in Form B or any other form prescribed by your state government.
Regards,
Varghese Mathew