Harsh Kumar Mehta
Consultant In Labour Laws/hr
+2 Others

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A female employee has joined in the ESIC scheme in June '14 and she had her delivery in Dec.'14. She didnt get the maternity leave benefit under ESIC scheme due to the lack of minimum period of association with ESIC. In this case I would like to know whether the employer is liable to pay full amount of salary for her 12 weeks maternity leave (eventhough she is covered under the scheme). if so, whether ESI deduction is applicable to this payable salary?
pls. support.

From India, Kottayam
1. Dear member, as per provisions contained in Section 5(2) of the Maternity Benefit Act, 1961 a condition of a service of "not less than eighty days" has been laid down to become eligible for maternity benefit under said Act. Therefore, the employer will definitely examine the eligibility under said Act before making payment for said benefit to the claimant.
2. In case instead of maternity benefit, the wages or leave with wages are paid by the employer (say in Payment of Wages Register), then in such instance contribution under ESI Act, 1948, in my opinion, is payable.

From India, Noida
Yes employer is liable to give her maternity benefit as per sec 5A of MB Act, providedI she has worked under the employer for at least 80 days prior to her date of confinement.If employer is paying her full wages for her period of ML then ESI is deductable from it..
Varghese Mathew

From India, Thiruvananthapuram
We have register Employee under ESIC is this applicable to employee wife for maternity benefit
From undefined, undefined
If employee and wife is covered under ESI wife will get medical facilities from ESI not ESI cash benifts.
From India, Thiruvananthapuram
Sir, only employees ( whether male or females) covered under ESI Act, 1948 are entitled for cash benefits under said Act provided they fulfil /satisfy the contributory conditions as laid down under said Act/rules/regulations. Family members of the covered employees are not entitled for Cash Benefits (including Maternity Benefit) (except in cases of Dependent Benefit (DB) if they are dependent of said employee died in the course and out of employment as defined under said Act).
From India, Noida
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