Madhu.T.K
Industrial Relations And Labour Laws
Jeevarathnam
Sr. Manager Hr/admin
Sam Verma
Self Employee
Diana.robin
Sr Officer-hr, Hpcl
ThumpiCgart
Designer
+1 Other

Hello,
I am not covered under ESI scheme because my salary is higher than Rs. 21,000. Will I be entitled to paid Maternity leave. If yes, will I be benefiting from the new rule providing 26 weeks of paid maternity leave.
13th March 2017 From India, Bengaluru
Yes, you will be covered provided you worked for 80 days during the preceding 12 moths.However the amendment was only passed by the Lok Sabha and yet to come into force as it was not notified yet and the date from which it becomes enforceable will be known on gazette notification.
B.Saikumar
HR & Labour Law Advsior
Navi Mumbai
13th March 2017 From India, Mumbai
There is difference between maternity benefit & maternity leaves
As per the Maternity benefit act no employee is entitled for Maternity leaves. It is companies discretion. You are entitled only for the Maternity Benefits.
As rightly said by Mr. Sai Kumar the Bill is passed in Lok sabha & there is no any gazette notification & as per current act you are entitled only for 12 weeks. Once the gazette notification gets released there will be more clarity
14th March 2017 From India, Bangalore
Thanks a lot for the reply. Can the company refuse to provide me paid maternity leave?
14th March 2017 From India, Bengaluru
Your monthly salary pay by Employer
14th March 2017 From India, Delhi

Attached Files
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File Type: pdf Maternity Leave Notification.pdf (1.08 MB, 314 views)

I didn't get the what Jeevarathnam meant by saying that "As per the Maternity benefit act no employee is entitled for Maternity leaves. It is companies discretion. You are entitled only for the Maternity Benefits.". It is understood that maternity benefits and maternity leaves are different but the latter is one of the benefits of the former concept. The other benefits include giving only light work, payment of medical bonus, not to dismiss etc, but where is it said that no employee is entitled to Maternity leave and granting of leaves is company's prerogative???
Again the attachment by Sam Verma is not the one to amend the Maternity Benefit Act but is the notification amending the provisions relating to maternity leaves in the ESI Rules.
Madhu.T.K
14th March 2017 From India, Kannur
There are few companies allows additional maternity leaves which is on and above the stipulated Leaves as Maternity benefit. As of now Maternity benefit is for 12 weeks and companies provides Paid maternity leaves to take care of employee health & to her baby. So anything provided in addition is companies discretion & it part of the organisation policy which is not mandate from the Maternity Benefit Act.
Once the Maternity Benefit act is amended even the existing organisation policy may need to be revised in line with Maternity benefit act or with better benefits
14th March 2017 From India, Bangalore
But is it not mandatory for the company to provide paid maternity leave to employees regardless of the salary earned?
15th March 2017 From India, Bengaluru
It is mandatory to give paid leave of 12 weeks( with the amendment 26 weeks) leave with pay to all eligible women workers (means those who have worked for 80 days in the 12 months preceding the date of delivery). It is also mandatory to give 12 weeks leave to all commissioning mothers and all mothers who adopt child of less than 3 months of age.
Madhu.T.K
16th March 2017 From India, Kannur
Reading the discussion above, I realised there are a lot of confusion as regarding the applicability of ESI, Maternity benefits etc. So have tried to address some pertinent questions here by addressing both ESI Rules 1950 and Maternity benefit act 1951.

MATERNITY BENEFIT ACT

Q . Which employees are covered under the act?

A. There is NO definition for employee in maternity Benefits act. The definition is provided for term 'woman ' . In Sec 3(o) “woman” means a woman employed, whether directly or through any agency, for wages in any establishment.” As such all women are covered under the provisions of act provided they have worked for 80 days in the preceding 12 months. To calculate number of days worked , approved leave days and holidays with wages are to be taken into account . (Sec 5(2)

Q) Is there a wage limit for such coverage?

A) No. All women are covered.

Q) What is the quantum of leaves?

A) 12 weeks of which 6 weeks can be before the expected date of delivery.

Q) To which establishments are the act applicable/ any limit in number of persons employed?

A) For factories/mines /plantation/Govt establishment - Even if one person is employed

For shops & commercial establishments - where minimum 10 persons are employed

ESI ACT (only for women covered under the act)

Q) Are all women covered?

A) No, only insured women are covered. The advantage of the women covered under the act is that they don’t have to meet the 80 days criteria in the immediate preceeding 12 months. She has to be an employee for which contributions were paid for 70 days in immediately preceeding two contribution period (12 months) as per ESI Rules 1950 clause 56 “if the contributions in respect of her were payable for not less than seventy days in the immediately preceding two consecutive contribution periods.”

Q. Is there a wage limit for such coverage?

A) Yes. Rs 15,000 till Jan 2017 and Rs 21,000 from now onwards.

Q) What is the quantum of leaves?

A) 26 weeks of which 8 weeks can be before the expected date of delivery.

Q) If I draw a salary above 15,000 but less than 21, 000and consequently got coverage from January 2017 onwards, am I eligible for 12 weeks or 26 weeks maternity leave?

A) 12 weeks only for which you are entitled under ‘Maternity Benefits Act’. ESI maternity benefits will be applicable to you from 2018 January only
16th March 2017 From India, Mumbai
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