Partner - Risk Management
Sr. Hr Executive
Asso.prof.(commerce & Management) Pg
Srinath Sai Ram
#AnonymousIn absence of ESI being applicable automatically MB act applies abd hence employer has to take responsibility and pay the wages and approve leave as per MB act.
26th April 2017 From Indonesia, Jakarta
26th April 2017 From India, Bangalore
Contribution period:April to September & October to March
27th April 2017 From India, New Delhi
Please find answer to your queries as below :
1. Leave with wages during her maternity leave - Generally, any employee who covered under ESI, can claim the wages through ESI but in this scenario ESI is refused to accept since she has contributed only for three months. So what next to be done. - Ans : As ESIC not applicable to the respective women employee will fall under Maternity Benefit Act and as per new amendment she is entitle for 26 Weeks of paid maternity leave.
2. Should Employer pay the salary or Is there any provision to get it through ESIC. : Ans - Yes, Employer has to pay the salary in lieu of Maternity Leave
3. What if Employer gives Leave without Pay Is it advisable. - Ans : Not advisable under MB act
4. Is there any rules / judgement passed similar to this case. - Ans : Not so far
Hope the answers will meet your requirements.
28th April 2017
If Any Woman Employee covered under ESI, is not eligible to Claim Maternity Benefit Provided therein for not fulfilling qualifying conditions, she comes under the Purview of The Maternity benefit Act, 1961.Woman Employee should get maternity benefit from the Employer though she is covered under ESI
28th April 2017 From India, New Delhi
It does not matter whose fault it is. What matters is than a female employee is entitled for maternity benefit. If ESI does not apply, then, MB act applies and employer has to provide for it.
29th April 2017 From Indonesia, Jakarta
Section 5A of the Maternity Benefit Act, 1961:
Continuance of Payment of Maternity Benefit in certain cases.
Every woman entitled to the Payment of Maternity Benefit under this Act shall, notwithstanding the Application of The Employees' State Insurance Act, 1948 (34 of 1948), to the Factory or other Establishment in which she is employed continue to be so entitled until she becomes qualified to claim Maternity Benefit under section 50 of that Act. I.e ESI Act, 1948
ESI Contributory Conditions for Entitlement of Maternity Benefit:
An insured woman is Eligible for Maternity Benefit for confinement / miscarriage, if contributions in respect of her have been Paid or Payable for not less than 70 days in the two immediately Preceding consecutive Contribution Periods with reference to the Benefit Period in which the confinement took place.
ESI Contribution Period: Corresponding Benefit Period:
April 2016 to September 2016 1st January 2017 to 30th June 2017
Oct 2016 to March 2017 1st July 2017 to 31st December 2017
29th April 2017 From India, New Delhi