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Allowances payable under different statutes apart than the basic wages

Name of The Maternity Benefit Act, 1961


the Act
Allowance a)Avg of the wages which was paid while she was attending her work immediately [SECTION 5 (1)]
payable before taking the maternity leave
OR
b) The minimum under the Minimum Wages Act, 1984
OR
c)Ten Rupees
Of all these whichever is the highest

Allowance 1) A Pregnant lady [SECTION 5 (4)]


payable to 2) Commissioning mother
The mother for whom a surrogate carries a child
3) Adopting mother

4) Lady undergoing miscarriage [SECTION 10]


5) Lady undergoing Medical termination of Pregnancy
6) Lady undergoing Tubectomy

Allowances 1) Works at any establishment/factory where the ESI Act applies. [SECTION 5 B]
in certain 2) Wages more than (excluding over-time) more than that of 2(9)(b) of the ESI Act
cases (which stands at 15,000 currently)
3) Plus fulfills the conditions of section 5 (2) of the Maternity Benefit Act, 1961
Conditions  The claimant must have worked at the place of claim for atleast a period of 80 days [SECTION 5 (2)]
in the past 12 months before her expected delivery.
 Whereas the qualifying period of 80 days will not apply to a lady who immigrates to
Assam and was pregnant while such immigration.
 Period of 80 days preceding the 12 months of delivery also include
1) Days she was laid off
2) Was on holidays declared under any Law as holiday with wages.

Maximum 26 weeks (approximately 6 months) [SECTION 5 (3)]


Period Of these 26 weeks the benefit can’t be claimed for more than 8 weeks preceding the
expected date of delivery.

BUT
If the claimant has 2/more surviving children the max period will be 12 weeks
(Approx 3 months).
Of these 12 weeks the benefit can’t be claimed for more than 6 weeks preceding the
expected date of delivery.

If the claimant dies in this period


The maximum period will be up to the date of her death to the person nominated by
her or according to Section 6 of the Act. (This is presumably before the delivery.)
If the claimant dies during delivery or shortly after but is survived by a child
The benefit shall continue for the entire period
However, if the child also dies within this period the benefit shall be till the date of
death of the child.
Ladies undergoing miscarriage/ Medical termination of Pregnancy/ Tubectomy [SECTION 10]
Maximum of 1 month+ leave

1) A Commissioning Mother [SECTION 5 (4)]


- Post the baby being handed over 12 weeks (approx. 3 months)
2) An Adoptive mother
- Post the baby who is below the age of 3 months is handed over
12 weeks (approx. 3 months)
The adoption must be a legal one
Employee’s The right under the ESI Act of 1948 has continued during the receipt of the benefit [SECTION 5 A]
Insurance under this Act
Medical Every eligible claimant is also entitled to a medical bonus of 3,000 if no pre or post- [SECTION 8]
Bonus delivery medical confinement is required