Cite.Co is a repository of information and resources created by industry seniors and experts sharing their real world insights. Join Network
Roy,
Your situation is covered under the following section 5A of the act. It states that notwithstanding applicability of ESIC, the woman employee is covered under the maternity benefit act till the time she becomes entitled to maternity benefit under sec 50 of esic act.
So your employer is liable under the act to pay maternity benefit to you.
If the deduction was not made because of a default of the employer, then you can complain to the ESIC authority about the same

From India, Mumbai
@ROY.AMRITA

As a woman employee you are entitled to maternity benefit either under the Maternity Benefit Act or ESI Act. As you are insured person/ IP under the ESI Act, you will be entitled to all maternity benefit under the ESI Act. The fault/ excuse of non payment of contribution towards ESI is not your headache but responsibility of the employer. Apply for the benefit under prescribed form and you may also lodge a complaint against non-payment of contribution of ESI before the ESI authority as already advised to you by other member above.
Please also note that w.e.f 20th Jan 2017, the maternity benefit under the ESI Act has been enhanced.

From India, Kolkata
Hello,
Please suggest by referring the following grounds that whether a company can terminate a pregnant lady?
1. As per maternity benifit Act Legally she can avail a Leave for 26 weeks.
2. Among said 26 months she can opt leave of 8 weeks before delivery.
and additional one month leave in case of medical illness during pregnancy
so as per my understanding legally she can avail maximum 3 months leave before delivery (8 weeks(2 months)+1 Months for illness)
3. Also as per Maternity Benefit Act Company can not terminate Women employee who is pregnant.
Present Situation
1. In Our Company One Lady if Pregnant and currently she in 2.5 Month of Pregnancy
2. She has already taken approx 2 months leave after she got pregnant
and her medical reports indicate that she is practically un fit to join her duty as she has a very high rate of BP and she is advised to take Bad rest
3. So in such condition after allowing her a total 3 months eligible leave before delivery as per Maternity Banifit Act, She is not sure that whether she can join after leave or not
4. Now can a company terminate her?
Please Guide me on said Matter

From India, Ahmedabad
Hi Team I am working with my company from last 8 years Earlier they told me they will pay all the maternity benefits but now when I am pregnant and asked for benefits they refused and informed me that I have to visit ESIC office for claim Kindly suggest me what to do
From India, Jalandhar

This discussion thread is closed. If you want to continue this discussion or have a follow up question, please post it on the network.
Add the url of this thread if you want to cite this discussion.






About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2020 Cite.Co™