As per new Maternity Benefit Act 2017, during maternity leave the women employee has to be paid full salary or basic salary for 26 weeks.
From India, Bangalore
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From India, Bangalore
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Binita, employee is entitled to full salary (basic+DA+HRA+other allowances etc) for further info or any other legal/compliance query you can call/mail me
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Maternity Benefits Under the ESIC Act
I need your valuable knowledge and guidance regarding my wife's maternity benefits under the ESIC Act.
As per the records:
Registration Date: 10/08/2014
First Date Of Appointment: 28/10/2013
She has been working for the same organization and contributing to ESIC for multiple years until her salary exceeded 15K. There has been no change in her work organization and no employment gap in between.
Due to the change in the ESIC salary slab from January 2017, ESIC contributions started again as shown below:
Current Date of Appointment: 01/01/2017
Wage Period and Employee Contribution (Oct to March 2017)
- January-2017: XXXX.00, 31 days, XXXX.00
- February-2017: XXXX.00, 28 days, XXXX.00
- March-2017: XXXX.00, 24 days, XXXX.00
Wage Period and Employee Contribution (April to Sept 2017)
- April-2017: XXXX.00, 26 days, XXXX.00
- May-2017: XXXX.00, 31 days, XXXX.00
- June-2017: XXXX.00, 30 days, XXXX.00
- July-2017: XXXX.00, 31 days, XXXX.00
- August-2017: XXXX.00, 31 days, XXXX.00
- September-2017: 0.00, 0 days, 0.00 - Under maternity leave for delivery - Leave started...
We had our first baby on 7th Sept 2017, and since then, we have availed the newly amended/approved 26 weeks maternity leave benefit. We visited the ESIC branch as advised by the organization HR, submitted the relevant forms and details. ESIC staff advised us to visit the ESIC branch office after completing the 26 weeks leave. Now, we are informed that we cannot avail the maternity benefit with the salary as the ESIC contributions are not for 9 months.
Could you clarify why my wife is not applicable under the ESIC amended act for the benefits? How is the 9-month ESIC contribution calculated in this case? Are we going to avail the benefits from the current organization for 6 months' salary? What are the correct steps that need to be taken in such a case?
Please guide.
From India, Delhi
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I need your valuable knowledge and guidance regarding my wife's maternity benefits under the ESIC Act.
As per the records:
Registration Date: 10/08/2014
First Date Of Appointment: 28/10/2013
She has been working for the same organization and contributing to ESIC for multiple years until her salary exceeded 15K. There has been no change in her work organization and no employment gap in between.
Due to the change in the ESIC salary slab from January 2017, ESIC contributions started again as shown below:
Current Date of Appointment: 01/01/2017
Wage Period and Employee Contribution (Oct to March 2017)
- January-2017: XXXX.00, 31 days, XXXX.00
- February-2017: XXXX.00, 28 days, XXXX.00
- March-2017: XXXX.00, 24 days, XXXX.00
Wage Period and Employee Contribution (April to Sept 2017)
- April-2017: XXXX.00, 26 days, XXXX.00
- May-2017: XXXX.00, 31 days, XXXX.00
- June-2017: XXXX.00, 30 days, XXXX.00
- July-2017: XXXX.00, 31 days, XXXX.00
- August-2017: XXXX.00, 31 days, XXXX.00
- September-2017: 0.00, 0 days, 0.00 - Under maternity leave for delivery - Leave started...
We had our first baby on 7th Sept 2017, and since then, we have availed the newly amended/approved 26 weeks maternity leave benefit. We visited the ESIC branch as advised by the organization HR, submitted the relevant forms and details. ESIC staff advised us to visit the ESIC branch office after completing the 26 weeks leave. Now, we are informed that we cannot avail the maternity benefit with the salary as the ESIC contributions are not for 9 months.
Could you clarify why my wife is not applicable under the ESIC amended act for the benefits? How is the 9-month ESIC contribution calculated in this case? Are we going to avail the benefits from the current organization for 6 months' salary? What are the correct steps that need to be taken in such a case?
Please guide.
From India, Delhi
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Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf