Page 240 - DMGT516_LABOUR_LEGISLATIONS

Unit 9: Social Security Legislations

widow and children. It will be available to the widow as long as she lives or until she Notes
marries; to sons and unmarried daughters up to the age of 18 without any proof of education;
and to infirm or wholly dependant offspring as long as the infirmity lasts. Where neither
a widow nor a child is left, the dependents' benefit is payable to a dependant parent or
grandparent for life, but equivalent to 3/10ths of the full rate; and if there are two or more
parents or grandparents, the amount payable to them shall be equally divided between
them.
5. Funeral Benefit: This benefit was introduced in 1968. Accordingly, an amount not exceeding
rupees one thousand five hundred is payable as funeral benefit to the eldest surviving
member of the family of the deceased insured person. The time limit for claiming the
benefit is three months from the death of the insured person.

6. Medical Benefit: The kingpin of the scheme is medical benefit, which consists of free
medical attendance and treatment of insured persons and their families. This benefit has
been divided into three parts:
(a) Restricted Medical Care: It consists of out-patient medical care at dispensaries or panel
clinics.

(b) Expanded Medical Care: This consists of consultation with specialists and supply of
such medicines and drugs as may be prescribed by them.
(c) Full Medical Care: It consists of hospitalization facilities, services of specialists and
such drugs and diet as are required for in-patients. An insured person and members
of his family are entitled to medical care of all the above three varieties.

9.7 Restrictions

When a person is entitled to any of the benefits provided under this Act, he shall not be entitled
to receive any similar benefit under any other enactment. An insured person will not be entitled
to receive for the same period:
1. Both sickness benefit and maternity benefit; or
2. Both sickness benefit and disablement benefit for temporary disablement; or

3. Both maternity benefit and disablement benefit for temporary disablement.
Where a person is entitled to more than one of the benefits, he has an option to select any one of
them.

9.8 Protection

The employer cannot dismiss, discharge or otherwise punish an employee during the period
he/she is in receipt of sickness benefit or maternity benefit, or of disablement benefit, or is
under medical treatment for sickness, or is absent from work as a result of illness which arises
out of pregnancy or confinement. Any notice of dismissal, discharge or reduction during the
period specified above is invalid and inoperative.
An employer can discharge or punish an employee on due notice if :
1. He/she has received temporary disablement benefit and remained absent for six months
or more continuously;
2. He/she is under medical treatment for sickness, other than T.B. or a disease arising out of
pregnancy, and has remained absent continuously for six months or more; and

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