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MATERNITY BENEFITS
ACT,1961
To provide for certain cash benefits to the employees in case of sickness, maternity,
employment injury and medical facilities in kind and contains provisions for certain
other matters having bearing thereon
APPLICABILITY (Contd.)
The following persons have been held to be employees within the meaning of Section
2(9) of the ESI Act:
Employees employed directly by the principal employer and those employed by or through a
contractor on factory premises and those employed outside factory premises under supervision
of principal employer.
Also includes:
Persons engaged in purchase of raw materials
Administrative staff
Persons engaged for distribution and sales of products and similar functions
Doesnt include member of Indian Naval, Army or Air force
The following can be deemed as wages:
All remuneration paid in cash if terms of contract fulfilled
Includes any payment in any period of authorized leave, lockout or strike which is not illegal
Layoff compensation
Other remuneration paid at intervals not exceeding two months
Does not include:
Contribution paid to PF or pension fund
Travelling allowance or value of travelling concession
Gratuity payable on discharge.
Pay in lieu of notice of retrenchment compensation
BENEFITS
Medical
Benefit
Sickness
Benefit
Maternity
Benefit
Disablement
Benefit
Dependent
Benefit
Funeral
Benefit
CALCULATION OF ESI
POINTS TO KEEP IN MIND Once the ESI contribution begins, the contribution should
continue until the end of the contribution period (Apr to
Sep or Oct to Mar) even if the salary (for the purpose of ESI
calculation) increases beyond Rs 15,000 per month during
the contribution period.
During the contribution period ESI should be calculated on
total ESI salary and the salary should not be restricted to
Rs 15,000 in case the salary goes above Rs 15,000.
FORFEITURE
A Female can be deprived of maternity benefit:
1. If she works in other establishment after going on
maternity leave
2. During her period of pregnancy, she is dismissed for gross
misconduct.
Willful destruction of employers assets
Assaulting any superior or co worker
Criminal offence involving moral turpitude
Theft, fraud or dishonesty
3. Within 60 days from date of deprivation of maternity
benefit, any Women can appeal to the authority prescribed by
law. The decesion of such authority will be final.
AMENDMENTS
Short title and commencement.
(1) This Act may be called the Maternity Benefit (Amendment)
Act, 2008.
(2) It shall come into force on such date as the Central
Government may, by notification in the Official Gazette, appoint
2. Substitution of new section for section 8.
Payment 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.
(2) The Central Government may before every three years, by
notification in the Official Gazette, increase the amount of
medical bonus subject to the maximum of twenty thousand
rupees.
THANK YOU!