I am applying for maternity leave. This is my 2nd delivery. As my salary is above 20000 i am not eligible for ESI. At the time of 1st delivery i have eligibility for ESI but now i am not in ESI. I would like to know whether am i eligible to get salary from Company. I am working in private organization from 10 years. Please reply

From India, Hyderabad

Well, as you said, you wok in a pvt. company so better you check for company policies regarding maternity leaves first and the same will be applicable to you. However, in some reputed pct companies, they offer maternity leaves and they paid salaries for those months too, in some companies only the basic salary paid to the employees for the period of maternity leave.
From India, Lucknow

Now freelance consultant in Labour law/HR
You are eligible for maternity benefit (leave with salary ) for 84 days under Maternity Benefit Act 1961.In addition you are eligible for 30 days benefit for sickness arising out of delivery.If your employer is not providing any free medical care he has to pay you Rs 3500/- as medical bonus.You should have worked under the employer for at least 80 days during the 12 months period before the date of delivery.
Varghese Mathew
HR/Labor Law Adviser

From India, Thiruvananthapuram
Raj Kumar Hansdah

Dear lakshmi210383
I fully agree with and endorse the views of Mr. Varghese Mathew.
Secondly, no company can make its company policies which over-ride the statutory benefits of labour Acts, including the Maternity Benefits Act 1961.
Do not give in to those if they say it is not in company policy, or according to a company policy.
If any company has to function in Indian land, they have to follow the Indian laws and Acts.
Yes, a company can give better or additional benefits.
Warm regards.

From India, Delhi
Arun Kumar Maitra

Presently working as Company Secy. in Old World Hospitality Pvt. Ltd.,Delhi
I fully agree with and endorse the views of Mr. Varghese Mathew.
From India, Delhi
Excellent comments by Mr Verghese and Mr Rajkumar.
Yes, MB Act fully protects woman employee’s rights to get Salary and Leave during pregnancy leave. I would like to add, even these benefits must be offered timely, and not as per Management’s will.
e.g. salaries are to be released monthly, though pregnant employee is on leave. Some employers wait till the employee resumes her duties back, and then release all four/five months pending salary together. They are worried that employee may not come back to work. (in most of the cases, this is true). However, this practice of non-payment of salary during leave period is wrong/illegal. A lady employee must get her pay on monthly basis during her maternity leave.

From India, Mumbai
Further to it I'd like to add to it if once pregnancy is confirmed by d
medical practitioner than she should be submit approx date certificate
to the employer than the employer have to pay her 90 days live with pay
in advance that's called pre-pregnancy leave and after pregnancey she'll
get 90 days leaves with pay and its amount employer have to pay within
48 hrs after submit ion of birth proof of the baby

From India, Nasik
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