Medical bonus under maternity benefit act

21 November, 2019 General The Maternity Benefits Act, 1961 is a Social Security Legislation. It is an Act to regulate the employment of women in certain establishments for certain periods before and after child-birth and to provide for maternity benefit and certain other benefits. Applicability Every establishment being a factory, mine or plantation including a Government establishment. Every shop or establishment employing 10 or more employees on any day of the preceding 12 months. Eligibility  A woman must have worked in an establishment for a period of at least eighty days in the past 12 months. Maternity Benefits Payment of maternity benefit at the rate of the average daily wage for the period of actual absence immediately preceding the day of her delivery or actual day of her delivery A woman can avail 26 weeks of maternity leave. She could avail up to eight weeks leave before and the balance after delivery. A woman with 2 living children entitled to 12 weeks of maternity leave. Adoption Leave A woman adopting or commissioning mother of a baby of less than three months is entitled to twelve weeks leave from the date the baby is handed over to her. Medical Bonus  A woman is entitled to a medical bonus of ₹3,500/- if pre-natal confinement and post- natal care is not provided by the employer free of charge. Notice of Claim A pregnant woman is required to give notice of claim for payment of maternity benefits to her employer and intimate the date of her absence from wor...

Image source - https://bit.ly/2SPHZYb This article is written by Kartikeya Kaul , a first-year student pursuing BA.LLB. from Symbiosis Law School, Noida and of Amity Law School, Kolkata. This is an exhaustive article dealing with The Maternity Benefit Act, 1961 and Maternity Benefit (Amendment) Act, 2017 and creche facility. It has been published by Rachit Garg. Table of Contents • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Introduction The Maternity Benefit Act, 1961 is a legislation that protects the employment of women at the time of her maternity. It entitles women employees of ‘maternity benefit’ which is fully paid wages during the absence from work and to take care of her child. The Act is applicable to the establishments employing 10 or more employees. The has been amended through the Maternity (Amendment) Bill 2017 which was passed in the Lok Sabha on March 09, 2017. Thereafter, the said Bill was passed in Rajya Sabha on August 11, 2016. Further, it received assent from the President of India on March 27, 2017. The provisions of the Maternity Benefit (Amendment) Act, 2017 (“Amendment Act”) came into effect on April 1, 2017, and the provision with regard to crèche facility ( ) came into effect with effect from July 1, 2017. The advantages that women receive during pregnancy and to encourage child care are known as maternity benefits. India is on the level with international conventions, according to the in...

Members may download one copy of our sample forms and templates for your personal use within your organization. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organization’s culture, industry, and practices. Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRM’s permission. To request permission for specific items, click on the “reuse permissions” button on the page where you find the item. Employers frequently wonder when to pay bonuses to employees on leave under the Family and Medical Leave Act (FMLA). Do employees who do not meet certain goals due to leave qualify for such bonuses? The FMLA regulations provide: [I]f a bonus or other payment is based on the achievement of a specified goal such as hours worked, products sold or perfect attendance, and the employee has not met the goal due to FMLA leave, then the payment may be denied, unless otherwise paid to employees on an equivalent leave status for a reason that does not qualify as FMLA leave. The key, as the Second Circuit Court of Appeals recently confirmed, is treating FMLA absences and non-FMLA absences the same for goal-based bonus purposes. In Clemens v. Moody's Analytics, Inc., No. 18-1283-cv (May 3, 2019), the Second Circuit held that an employer did not unlawfully interfere with an employee's rights by...

Women employees are entitled to  various maternity benefits under Maternity Benefit Act, 1961 & ESI Act 1948 Ensuring Zero Hindrance for Women’s Participation in the Workforce To monetarily support the women employees during pregnancy and after childbirth, Indian law makes it mandatory for the applicable establishments to offer due maternity benefits to women employees. The Maternity benefits in India is mainly governed by the Maternity Benefit Act, 1961 (for non-ESI employees) & Employees’ State Insurance Act, 1948, as per these Act applicability to the Establishments, Factories and Mines. • Employers are required to inform women in writing or electronically about the maternity benefits available under the Maternity Benefit Act upon their joining. • The law allows women employees to work from home in addition to the maternity benefit period if the nature of work allows that. Wages and leaves The Maternity Benefit Act provides that a woman will be paid maternity wages at the rate of her average daily wage. However, the woman needs to have worked for the employer for at least 80 days in the 12 months preceding the date of her expected delivery. The Maternity Benefit Act originally provided maternity benefit of 12 weeks leave, out of which up to six weeks could be claimed before delivery. In 2017, the Act was amended to extend the period to 26 weeks’ leave, of which,  up to eight weeks leave can be claimed before delivery. S.No Heading Before Amendment After Amendmen...

Advertisements Apart from 12 weeks of salary, a female worker is entitled to a medical bonus of 3,500 Indian rupees. What are the benefits of Maternity Benefit Act 1961? The maternity benefit Act 1961 protects the employment of women during the time of her maternity and entitles her of a ‘maternity benefit’ – i.e. full paid absence from work – to take care for her child. The act is applicable to all establishments employing 10 or more persons. Who is eligible for maternity bonus? The Maternity Benefit Act provides that a woman will be paid maternity benefit at the rate of her average daily wage in the three months preceding her maternity leave. However, the woman needs to have worked for the employer for at least 80 days in the 12 months preceding the date of her expected delivery. What is the maximum imprisonment prescribed for contravention of the Maternity Benefit Act 1961? (1) If any employer fails to pay any amount of maternity benefit to a woman entitled under this Act or discharges or dismisses such woman during or on account of her absence from work in accordance with the provisions of this Act, he shall be punishable with imprisonment which shall not be less than three months but What is the amount of medical bonus? (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. Who...

By: Mansi Singh andAditi Rani The Maternity Benefit (Amendment) Act, 2017 ( Amended Act) amending key provisions of the Maternity Benefit Act, 1961 came into force on April 1, 2017. The key provisions brought in by the Amended Act enhances the maternity leave period besides introducing several compliances for companies. We have set out the key aspects as follows: • Enhancement of the maternity leave: Paid maternity leave for women employees working in any establishment, with 10 or more employees, has been increased from 12 weeks to 26 weeks. Further, not more than 8 weeks of leave to the women employee shall precede the date of her expected delivery. The enhanced maternity leave will not apply to a mother of two or more children and such women employees will be eligible to only paid maternity leave for 12 weeks (of which not more than 6 weeks shall precede the date of her expected delivery). • S urrogacy/Adoption Leave: The Amended Act introduces 12 weeks of maternity leave to commissioning mothers • Introduction of Work from Home option : “Work from home” option post 26 weeks of the maternity leave for nursing mothers may be considered by the employer, subject to the job profile and on terms mutually agreed between the employer and the concerned woman employee. • Mandatory crèche facility: All establishments having 50 or more employees are mandated to provide a facility, either separately or along with other facilities offered in the office premises. The concerned women e...