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shine mangalore (advocate)     19 January 2012

Maternity benefit act amendment

Section 8 of the Act reads a follows after April2 2008:

"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.]"

On 11th August 2008 the central government published as under:

"S.O.2016(E)-In exercise of the powers conferred by sub-section (2) of Section 8 of the Maternity Benefit Act, 1961 (53 of 1961), the Central Government hereby increases the amount of medical bonus from one thousand rupees to two thousand five hundred rupees with effect from the date of publication of this notification in the Official Gazette."

Query:

1. What exactly does the pre-natal confinement and post-natal care does mean here?

2. Is this medical bonus paid in addition to leave?

3. Is this medical bonus to be paid in addition to leave wages?

4. What if the employee doesnot go on leave before delivery? Should we pay the maternity bonus then?Are we liable to punsihment if the employee doesnot go on leave  before 6 weeks of her delivery?

 

PLease help



Learning

 1 Replies

V. VASUDEVAN (LEGAL COUNSEL)     20 January 2012

 

What exactly does the pre-natal confinement and post-natal care does mean here?

 

Hospitalisation before actual delivery is known as pre-natal confinement and post delivery, the treatment given at the hospital until found fit for discharge is known as postal natal care.

 

2. Is this medical bonus paid in addition to leave?

Yest it is given to take care of the above pre-natal and post natal expenses. I have explained your related query in another posting.

3. Is this medical bonus to be paid in addition to leave wages?

YES

4. What if the employee doesnot go on leave before delivery? Should we pay the maternity bonus then?Are we liable to punsihment if the employee doesnot go on leave  before 6 weeks of her delivery?

THe 6 weeks after delivery ( or mis carriage) is compulsory and the employer is prohibited from employing her - offence punishable upto one year imprisoment. While the 6 weeks prior to expected date of delivery is not mandatory, it is advisable to provide this leave since the woman cannot be given any work of arduous nature. This act is a beneficial legislation intended to protect the women from the ordeals of the motherhood process and the employer should be conscious of this fact.

vasudevan

 


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