Hi everyone,
I need urgent information. I am working with a BPO where the organization is covered under the ESIC Act. Could someone please tell me what the procedure is when an employee goes on maternity leave for 12 weeks? Should her salary be disbursed from the organization or through ESIC Corporation?
Please suggest.
Sangeeta
From India, Pune
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I need urgent information. I am working with a BPO where the organization is covered under the ESIC Act. Could someone please tell me what the procedure is when an employee goes on maternity leave for 12 weeks? Should her salary be disbursed from the organization or through ESIC Corporation?
Please suggest.
Sangeeta
From India, Pune
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Hi Sangeeta,
Hope that following will help you. If you need anything else, please let me know.
Maternity benefits:
(1) An insured woman shall be qualified to claim maternity benefits for a confinement occurring or expected to occur in a benefit period if the contributions in respect of her were payable for not less than seventy days in the immediately preceding two consecutive contribution periods.
(2) Subject to the provisions of the Act and the regulations, if any, an insured woman who is qualified to claim maternity benefits in accordance with sub-rule (1) shall be entitled to receive it at the daily rate specified in sub-rule (5) for all days on which she does not work for remuneration during a period of twelve weeks, of which not more than six weeks shall precede the expected date of confinement:
Provided that where the insured woman dies during her delivery or during the period immediately following the date of her delivery, for which she is entitled to maternity benefits, leaving behind in either case, the child, maternity benefits shall be paid for the whole of that period. But if the child also dies during the said period, then for the days up to and including the day of the death of the child, to the person nominated by the insured woman, in such manner as may be specified in the regulations, and if there is no such nominee, to her legal representative.
(3) An insured woman who is qualified to claim maternity benefits in accordance with sub-rule (1) shall, in case of miscarriage or medical termination of pregnancy, be entitled, on production of such proof as may be required under the regulations, to maternity benefits at the rates specified in sub-rule (5) for all days on which she does not work for remuneration during a period of six weeks immediately following the date of the miscarriage or medical termination of pregnancy.
(4) An insured woman who is qualified to claim maternity benefits in accordance with sub-rule (1), in case of sickness arising out of pregnancy, confinement, premature birth of a child, or miscarriage or medical termination of pregnancy, shall, on production of such proof as may be required under the regulations, be entitled, in addition to the maternity benefits payable to her under any other provisions of the Act, for all days on which she does not work for remuneration, to maternity benefits at the rates specified in sub-rule (5) for all days on which she does not work for remuneration during an additional period not exceeding one month.
(5) The daily rate of maternity benefits payable in respect of confinement occurring or expected to occur during any benefit period shall be equal to twice the "standard benefit rate" specified in Rule 54 corresponding to the average daily wages in respect of the insured woman during the corresponding contribution period (or rupees twenty, whichever is higher).
56A. - Medical bonus to an insured woman and an insured person in respect of his wife shall be paid a _______per case as medical bonus on account of confinement expenses.
Regards,
Sushma
From China, Beijing
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20Hope that following will help you. If you need anything else, please let me know.
Maternity benefits:
(1) An insured woman shall be qualified to claim maternity benefits for a confinement occurring or expected to occur in a benefit period if the contributions in respect of her were payable for not less than seventy days in the immediately preceding two consecutive contribution periods.
(2) Subject to the provisions of the Act and the regulations, if any, an insured woman who is qualified to claim maternity benefits in accordance with sub-rule (1) shall be entitled to receive it at the daily rate specified in sub-rule (5) for all days on which she does not work for remuneration during a period of twelve weeks, of which not more than six weeks shall precede the expected date of confinement:
Provided that where the insured woman dies during her delivery or during the period immediately following the date of her delivery, for which she is entitled to maternity benefits, leaving behind in either case, the child, maternity benefits shall be paid for the whole of that period. But if the child also dies during the said period, then for the days up to and including the day of the death of the child, to the person nominated by the insured woman, in such manner as may be specified in the regulations, and if there is no such nominee, to her legal representative.
(3) An insured woman who is qualified to claim maternity benefits in accordance with sub-rule (1) shall, in case of miscarriage or medical termination of pregnancy, be entitled, on production of such proof as may be required under the regulations, to maternity benefits at the rates specified in sub-rule (5) for all days on which she does not work for remuneration during a period of six weeks immediately following the date of the miscarriage or medical termination of pregnancy.
(4) An insured woman who is qualified to claim maternity benefits in accordance with sub-rule (1), in case of sickness arising out of pregnancy, confinement, premature birth of a child, or miscarriage or medical termination of pregnancy, shall, on production of such proof as may be required under the regulations, be entitled, in addition to the maternity benefits payable to her under any other provisions of the Act, for all days on which she does not work for remuneration, to maternity benefits at the rates specified in sub-rule (5) for all days on which she does not work for remuneration during an additional period not exceeding one month.
(5) The daily rate of maternity benefits payable in respect of confinement occurring or expected to occur during any benefit period shall be equal to twice the "standard benefit rate" specified in Rule 54 corresponding to the average daily wages in respect of the insured woman during the corresponding contribution period (or rupees twenty, whichever is higher).
56A. - Medical bonus to an insured woman and an insured person in respect of his wife shall be paid a _______per case as medical bonus on account of confinement expenses.
Regards,
Sushma
From China, Beijing
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Thank you very much, Sushma!
I would appreciate it if you could please explain what "twice as standard benefit" means. Since I joined, maternity benefits have been paid based on the total gross salary, regardless of the amount, for 12 weeks. This process has always been managed by the organization.
From India, Pune
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I would appreciate it if you could please explain what "twice as standard benefit" means. Since I joined, maternity benefits have been paid based on the total gross salary, regardless of the amount, for 12 weeks. This process has always been managed by the organization.
From India, Pune
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Maternity Benefit Act - Act Provisions reg.benefits.do cx
Maternity Benefits Act 1961.pdf