If she was insurable under ESI she will get benefit from ESIC even if employer did not deduct or not paid contribution.This is provided under Sec 68 of the ESI Act. Varghese Mathew 09961266966
From India, Thiruvananthapuram
Yes Mr.Kamal P is saying right. The actual eligibility is that member working days should be 80 from expected confinement within one year from doj
From India, Lucknow
I want to know one of my employee went on maternity leave. i want to know is PF to be deduct on maternity leave or not. Shall i register her name in Salary register or not.
From India, Mumbai
Maternity Leave has nothing to do with Probation. If one is pregnant the eligibility is there. But Maternity leave is given for delivery time and as such in this case the offer of leave on loss of pay can be accepted. Private companies tend to get rid of employees who are pregnant (though against law) this offer should keep both parties happy.
From India, Madras
Anonymous
Sir, I need to apply for maternity leave. How many weeks before, I should apply
From India, New Delhi
Madam,
There are two things 1) whether you are covered under ESI Act or Maternity Act. Check this and confirm and 2) Obtain the certificate from the Regd.Medical Practitioner mentioning the facts and Likely date of delivery.
Is't possible for you to wait little more, as the amendment to the Maternity Act is expected any time and you should take advantage of any favourable provisions forthcoming. I won't suggest you to take a risk but , if possible only. In any case you can avail 6 weeks of ML before your expected delivery date (pre-natal) and another 6 weeks after the delivery (post-natal). You should have intimated your employer in the prescribed form about it as required. Pl.refer the Act. for adequate compliances immediately.

From India, Bangalore
Maternity leave and benefits for industrial employees in India is governed by ESI Act or MB Act.
It has nothing to do with confirmation. If any company is allowing maternity benefits after anext year it is violation of law.

From India, Thiruvananthapuram
Anonymous
Mr. Varghese, my EDD is 30th may and I want leave from 1st may onwards, when should I apply for leave. Is there any format or form (e) for the same. Also revert that what are the things taken care when you know that employer is not willing to sanction ML.
From India, New Delhi
If you are covered under ESI and eligible for ML under it approach your ESI doctor .He will issue certificate of absence.Submit it to Employer and ESI branch office.ESI will give you medical and cash Benifit. Employer cannot deny leave or terminate you for your absence.
If you are not covered under ESI you will get benefits from employer under MB Act provided you worked under him for 80 days during 12 months prior to EDD..You should submit a medical certificate from a RMP and with it you apply to employer for leave with the certificate.Your state may have prescribed a format for certificate. It should state the EDD .You are eligible for 6 weeks leave with wages before delivery and 6 weeks leave with wages after delivery .You may apply before 6 weeks of EDD. You will also be eligible for one month's leave with wages for any sickness arising out of delivery.

From India, Thiruvananthapuram
Dear Potkar, Maternity Leave being a paid holiday, salary for the duration paid/payable (salary earned) should account for EPF contribution like any other paid leave such as EL/PL or sick leave.
From India, Bangalore

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