Requesting to provide Clarity On Maternity Paid Leave - CiteHR
Umakanthan53
Labour Law & Hr Consultant
KK!HR
Management Consultancy
Nathrao
Insolvency N Gst Professional
Korgaonkar K A
Ba,llb,mpm,dir&pm,dll&lw,d.cyber
Kshashikumar Nair
Head - Hr/administration
+1 Other

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Hi All,
I am working as Sr.HR Generalist in some private organisation .We are following the statutory policies like PF & ESI.
We have maternity policy, and we will be giving 6 months leave facility to all our employees, but it is unpaid leave, if they are not covered under ESI.
Can we know what is the actual policy , whether leave should be fully paid in 6 months who are not covered under ESI .
Kindly suggest more details on it.

My dear friend,
Since you are Senior HR, I think that a perusal of sections 5,5-A,5-B and 10 of the Maternity Benefit Act,1961 would certainly and sufficiently help you devise a suitable Maternity Leave Policy in accordance with the provisions of the same for those of your employees out side the coverage of the ESI Act,1948.

Pl. be clear that maternity leave means fully paid leave and there is no scope for entertaining any doubts about it.
Dear Sr.HR Generalist Friend,
Basic provisions of certain important labour laws, every HR professional including new entrant must know it.
I am sorry to say but I have say it, we are degrading ourselves by asking such kind of questions with our title.

You should give 6 months maternity leave with salary if they are not covered under ESIC, as per the government enactment.
HI With regards to the above question, if the employeeis covered under ESIC, will it be a maternity leave with full salary?
Maternity leave under ESI is with full pay. Entertain no doubt about it.
If the employee is covered under ESIC, maternity leave as well as salary will be paid by ESIC.
Dear Kshashikumar Nair ji ,
I will be highly obliged if you produce particular provision in ESI Act giving maternity leave as well salary to IW.
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Maternity Benefits
reference to this link and latest amendment for Maternity leave period will be of great use.
HR people need to be fully conversant with the provisions.

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