Comprehensive Discussion on Maternity Leaves, Medical Bonuses, and Maternity Benefit Act

Dear All,

Help is required in the case of maternity leaves. I have three queries:

1. If the organization started its operation in August 2013, and an employee applies for maternity leave with an expected delivery date in February. According to the Maternity Act 1961, 80 days in the last 12 months are required, but the organization has only completed four months of operation.

2. Does maternity leave include weekends, week offs, or intermittent holidays?

3. What is meant by 80 days of continuous service? Does it include sanctioned leaves? If I am correct, leave without pay shall not be included.

Thank you.

Hi,

As per the ESI Act, the contribution towards treatment eligibility is required after 90 days. If your company started four months ago and has completed 120 days, then the individual in question might have completed the required 90 days of contribution. Therefore, she is eligible if she completes the full 90 days of contributions.

Regards

Please read the amended Maternity Benefit Act which is as below with regards to your query related Medical Bonus to employees. Hope will clear your doubts.
“8. (1) Every woman entitled to maternity benefit under this Act shall also be
entitled to receive from her employer a medical bonus of one thousand rupees, if no
pre-natal confinement and post-natal care is provided for by the employer free of
charge.