Respected seniors,
I am working in software company .One of my employee going to maternity leave .She has under mediclaim group policy,no ESI benefit to her.
My question is how many days she will be eligible for maternity leave and shall i pay the salary to her while she is on Maternity leave?
if she has ESI benefit ,salary will be paid ESIC .but she has crossed ESI limit.
Pls send your Information
Venkat
From India, Hyderabad
6I am working in software company .One of my employee going to maternity leave .She has under mediclaim group policy,no ESI benefit to her.
My question is how many days she will be eligible for maternity leave and shall i pay the salary to her while she is on Maternity leave?
if she has ESI benefit ,salary will be paid ESIC .but she has crossed ESI limit.
Pls send your Information
Venkat
From India, Hyderabad
If a female employee is not covered under the ESI then by default she will be covered under Maternity Benefit Act,1961.
Company has to pay pay a medical bonus of Rs.2500/- and maternity leaves for 12 weeks with full salary.
Mediclaim policy has nothing to do with the statutory obligations of the employer.
regards,
Kamal
From India, Pune
Company has to pay pay a medical bonus of Rs.2500/- and maternity leaves for 12 weeks with full salary.
Mediclaim policy has nothing to do with the statutory obligations of the employer.
regards,
Kamal
From India, Pune
Dear Venkat,
As per the provision of Maternity benefit act, 1961 every woman employee shall be entitled to,take maternity benefit at the average daily wage for the period of her actual absence immediately preceding and including the day of her expected delivery and further for the 6 weeks immediately after deliverance of child. The maximum period any woman is liable to take leave of 12 weeks. And during leave period the employee is liable to take salary as usual without any deduction.
If the concern employee has not taken benefit of ESI, in this case she is eligible to take maternity benefit claim. The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on the production of such proof that the woman employee is pregnant and the amount need by women of maternity benefit for such period shall be paid by employer within 48 hours of production of proof of deliverance of child.
Best Regards:
From India, Hyderabad
As per the provision of Maternity benefit act, 1961 every woman employee shall be entitled to,take maternity benefit at the average daily wage for the period of her actual absence immediately preceding and including the day of her expected delivery and further for the 6 weeks immediately after deliverance of child. The maximum period any woman is liable to take leave of 12 weeks. And during leave period the employee is liable to take salary as usual without any deduction.
If the concern employee has not taken benefit of ESI, in this case she is eligible to take maternity benefit claim. The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on the production of such proof that the woman employee is pregnant and the amount need by women of maternity benefit for such period shall be paid by employer within 48 hours of production of proof of deliverance of child.
Best Regards:
From India, Hyderabad
Dear Venkat
if there is some illness occurred out of the pregnancy the employee is further entitled to one month's leave with wages on and above 12 weeks period. the Section is reproduced for your reference:
Kamal Kant Tyagi
From India, New Delhi
if there is some illness occurred out of the pregnancy the employee is further entitled to one month's leave with wages on and above 12 weeks period. the Section is reproduced for your reference:
THE MATERNITY BENEFIT ACT, 1961
10. Leave for illness arising out of pregnancy, delivery, premature birth of child, 1[miscarriage, medical termination of pregnancy or tubectomy operation].—A woman suffering from illness arising out of pregnancy, delivery, premature birth of child 1[miscarriage, medical termination of pregnancy or tubectomy operation] shall, on production of such proof as may be prescribed, be entitled, in addition to the period of absence allowed to her under section 6, or, as the case may be, under section 9, to leave with wages at the rate of maternity benefit for a maximum period of one month.
The Maternity Benefit is to be payable in advance to the employee before proceeding on maternity leave. Kamal Kant Tyagi
From India, New Delhi
ESI stands for The employee state insurance scheme introduced by the Govt of india for the benefit of employees working in different organizations whether pvt or public.
From India, Allahabad
From India, Allahabad
Dear Venkat, Greeting of the day!! Mr.Vikas is saying correct if u need any other clarification then kindly read Maternity act, it will help u lots. With regards, Sameer K Ghosh
From India, Daman
From India, Daman
My wife is working in a private company in gurgaon.
She is pregnant and her expected date of delievery is 24th oct. 2014 .
The company where is employed has more than 10 employees and should fall under providing maternity benefits to her according to indian laws.
However, The company is denying to provide any maternity benefits to her . My wife joined the company on 5th aug 2013 . Her in hand salary is Rs. 36000 per month.
I would like to know whether private companies can make their own rules and laws and not provide maternity benefits on their own discretion . If not, than pls suggest a way forward for to get maternity benefits .
Looking forward for your reply .
Thank you
From India, Gurgaon
She is pregnant and her expected date of delievery is 24th oct. 2014 .
The company where is employed has more than 10 employees and should fall under providing maternity benefits to her according to indian laws.
However, The company is denying to provide any maternity benefits to her . My wife joined the company on 5th aug 2013 . Her in hand salary is Rs. 36000 per month.
I would like to know whether private companies can make their own rules and laws and not provide maternity benefits on their own discretion . If not, than pls suggest a way forward for to get maternity benefits .
Looking forward for your reply .
Thank you
From India, Gurgaon
Sir,
I will suggest you to go through the Maternity Benefit Act, 1961 and rules framed thereunder. There are certain conditions under which said Act is applicable to any establishment and in order to be entitled for maternity benefit, there are some eligibility conditions also.
Statutory laws and rules are applicable to all coverable units and in case you feel that your case is well covered under above enactment, your wife may take up the matter with management of the establishment for maternity benefit as per provisions of said Act.
From India, Noida
I will suggest you to go through the Maternity Benefit Act, 1961 and rules framed thereunder. There are certain conditions under which said Act is applicable to any establishment and in order to be entitled for maternity benefit, there are some eligibility conditions also.
Statutory laws and rules are applicable to all coverable units and in case you feel that your case is well covered under above enactment, your wife may take up the matter with management of the establishment for maternity benefit as per provisions of said Act.
From India, Noida
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Right to payment of maternity benefits.doc