Section 26: Medical Bonus and Additional Support

Overview

This section deals with Maternity Benefit under the Code on Social Security, 2020. Specifically, Section 26 focuses on providing financial and supportive measures to pregnant women employees, ensuring they don't incur additional expenses related to childbirth and receive necessary support upon returning to work. It builds upon the core maternity benefit provisions by addressing medical care and post-natal support.

Who is Covered?

• This section applies to all women employees covered under the provisions of the Code on Social Security, 2020, relating to maternity benefit. This generally includes women employed in establishments with ten or more employees, though certain exemptions and variations may apply based on specific establishment rules and state-level notifications.
• Eligibility is tied to fulfilling the conditions for maternity benefit as outlined elsewhere in the Code – primarily, having worked for a qualifying period (typically 60 days) before the expected date of delivery. There are no specific wage limits mentioned in relation to this section.

Benefits and Contributions

• Medical Bonus: If an employer does *not* provide adequate pre-natal and post-natal care through their own medical facilities, they are obligated to pay a medical bonus to the woman employee. The amount of this bonus is not specifically defined in the Code, leaving it open to determination by the appropriate Government.
• Nursing Breaks: Upon resuming work after maternity leave, the employer must allow the woman employee nursing breaks of prescribed duration and frequency. The Code doesn’t specify the exact duration, allowing for flexibility based on the needs of the employee and the nature of the work.
• Allowances for Health-Related Needs: The employer must provide allowances for medical needs arising during pregnancy, as may be prescribed. Again, the specific amount and nature of these allowances are left to be determined by the Government.
• Contribution Responsibilities: This section does not introduce new contribution requirements. The employer’s responsibility is to provide the benefits outlined above if they do not already offer equivalent medical facilities and support. There are no contributions from the employee or the government directly linked to this section.

Procedure and Compliance

Compliance with Section 26 involves the following steps:

1. Assessment of Medical Facilities: Employers must assess whether their existing medical facilities adequately cover pre-natal and post-natal care for their women employees.
2. Payment of Medical Bonus (if applicable): If adequate facilities are not available, the employer must pay the medical bonus as prescribed by the Government.
3. Provision of Nursing Breaks: Employers must establish a policy allowing for reasonable nursing breaks for returning mothers.
4. Allowances for Pregnancy-Related Needs: Employers must provide allowances as prescribed by the Government for health-related needs during pregnancy.
5. Record Keeping: Maintain records of all payments made towards medical bonuses and allowances, as well as details of nursing break arrangements.

Practical Examples

• Example 1: Eligibility for Medical Bonus – Priya works at a manufacturing unit. Her employer does not have an on-site doctor or medical facility providing pre-natal care. Priya is eligible for the medical bonus as prescribed by the Government to cover her medical expenses during pregnancy.
• Example 2: Non-Compliance by Employer – Sunita returns to work after maternity leave. Her employer refuses to allow her nursing breaks, citing workload concerns. This constitutes a violation of Section 26, and Sunita can file a complaint with the relevant authorities.

Disclaimer

This article is for basic understanding of social security law and should not be treated as legal advice. Laws and regulations are subject to change, and it is recommended to consult with a legal professional for specific guidance related to your situation.