Madhu.T.K
Industrial Relations And Labour Laws

Please clarify my doubts with regard to maternity benefits covered by ESIC:
I Have Joined the new organization on 25th June 2018 & and after one month i become pregnant, My probation period is for 6 months and it will be over by Dec 25th 2018, I am planning to take Maternity leave by March 2019, Please advise me whether I am eligible for Maternity Leave with Salary from ESIC, as i heard the ESIC will provide salaried leave only after Two years of joining in ESIC

From India, Ernakulam
You will not get the maternity leave because you have not contributed ESI for 70 days in two consecutive contribution periods before delivery. It is possible to contribute for 70 days because it is a matter of only 2 months and a few days but what is important is that this contribution should be in two contribution periods. You have joined in June 2018, ie, the contribution period of April 2018- Sept 2018. Again there should be contribution in Oct 2018 to March 2019. This will make you qualified for maternity leave.
Please remember that probation has nothing to do with ESI benefits but what is mandatory is the service, contribution and availing of the benefit in the benefit period.
It is not two years of joining ESI but two contribution period and it will be one year maximum and in your case it will be upto March 2019.
Madhu T K

From India, Kannur
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