Saswatabanerjee
Partner - Risk Management
Korgaonkar K A
Ba,llb,mpm,dir&pm,dll&lw,d.cyber
KK!HR
Management Consultancy
Srinath Sai Ram
Hr Manager
+2 Others

As per the new amendment of Maternity Benefit Act
One of our Female Employee request for maternity benefit form March 2018
DOJ: March 2016
Last Date of working :07th March 2018
Expected date of Delivery : 23.09.2018
Leave Balance : Nil
Designation : Executive –HR
Kindly guide me whether she is eligible for Maternity Benefit as per the new amendment.
7th May 2018 From India, Chennai
Dear Rajesh, please clarify whether Employee is covered under ESI Act? you have stated that Employee is under ML From 07/03/2018? Expected Date of Delivery:23/09/2018
is she under ML,Please Clarify?
7th May 2018 From India, New Delhi
Kindly refer the Payment of Maternity benefits Act.
When her due date of delivery is 23/09/18 but her leave has already commenced form 07/03/18. i.e more than 6 months prior to Expected date of delivery.
This needs to be looked into and reconciled with provisions of the amended Act 0f 2017.
7th May 2018 From India, Pune
Dear Sir,
Thanks for your reply.
She is not covered under ESI.
She availed all her leave .(EL,SL,CL-Nil Balance)
The absent dose not given salary ,we calculate as LOP.
8th May 2018 From India, Chennai
Since she has worked for more than 80 days and is not covered under ESIC, she is eligible for maternity leave
She will be eligible for 6 months leave (24 weeks) and the rest will be without pay
9th May 2018 From India, Mumbai
sir,
one of our employee is at par foe exemption of ESI deduction AS PER DETAIS
SALARY =18200 HRA 1800 AND IN APRIL HIS INCREMENT IS DUE TO RELEAS
BUT THE MANAGEMENT HAS DECIDED TO INCREASE IN JULY (FROM 01.04.2018)
IN APRIL SALARY WE HAVE DEDUCTED ESI AND NEW NEW CONTRIBUTION PERID HAS STARTED (APRIL TO SEPTEMBER), IN JULY WHEN HE IS EXEMOTED FROM ESI, CAN WE STOP THE DEDUCTION OF ESI OR WILL HAVE TO COMPLETE THE CONTRIBUTION PERIOD.
PLEASE HELP
THANK YOU
9th May 2018 From India, Ludhiana
Thanks for your advise Mr Saswata Banerjee and
Mr.Srinath Sai Ram
10th May 2018 From India, Chennai
She has worked for more than 80 days and is not covered under ESIC, she is eligible for maternity leave.
She is eligible for 6 months leave (24 weeks) as per recent amendment in the Maternity Benefit Act.
Regards
Govind Pawar
Cell - 9823411433
10th May 2018 From India, Mumbai
The contribution period has to be completed even if the employee crosses the wage ceiling in between.
10th May 2018 From India, Mumbai
Dear Daawat ji & Govind ji,
With due respect to you, I would like to correct you as under:
She is eligible for ML for 26 weeks and not 24.
Further, the actual provision for eligibility of MB is women should work in the establishment for a period of not less than eighty days in the twelve months immediately preceding the date of her expected delivery.
19th May 2018 From India, Mumbai
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