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Asso.prof.(commerce & Management)
Srinath Sai Ram
Hr Manager
Vmlakshminarayanan
Sr.manager - Hr&admin
VINCENT ALEX
Labour Consultant

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An Employee who avails maternity leave benefit for 26 weeks. She is a member of Employees Provident Fund (EPF) and Employee State Insurance(ESI). She availed maternity leave benefit for 26 weeks from ESI. My questions are-
1. whether EPF deduction to be done from her maternity leave benefit?
2. if she is not a member of ESI and if the employer is paying 26 weeks pay for maternity benefit, whether employer is liable to deduct EPF and ESI contribution from employees?
3. in such case, whether employer contribution to be remitted for ESI and EPF by employer

From India, Kottayam
Dear Vincent,
She availed maternity leave benefit for 26 weeks from ESI-Payment will be made to her Account directly by ESI.Consequently, the question of deducting EPF Contribution does not arise
Employees who are outside the purview of ESI, Come under The Maternity Benefit Act, 1961.While making Maternity Benefit to Woman Employee, Employer can continue EPF Contribution.In fact this will help Employee to continue with Retirement Fund.The question of deducting ESI Contribution does not arise

From India, New Delhi
Is it mandatory that EPF to be remitted (employer and employee contribution) if the employee on maternity leave benefit for 26 weeks and employee is not in the preview of ESI?
From India, Kottayam
Hi Vincent,
Your query has been answered by Srinath in his post dt.9.2.19 itself, there need not be any doubt on this. Maternity Benefit is nothing but 'leave salary' i.e. paid leave, salary earned during ML. So conctribution to EPF has to be recovered and remitted together with employer's contribution.

From India, Bangalore
Hello, Can Employer of Privater Limited company modify Maternity Benefit policy? i mean 12 weeks policy instead of 26 weeks...or could give benefit in some other way? please reply
From India, Delhi
Hi,
There is no such provision.
Employer cannot modify Maternity Benefit Policy by reducing the leave period on his own.
You may consider other benefits for the employee but whatever stipulated by MB Act to be followed compulsorily.

From India, Madras
hello, if you have updated Maternity Policy then please send which I could introduce in my organization (obviously after applicable changes)
From India, Delhi
Hi,
Please try to develop a Maternity Benefit Policy and submit here. We can correct it if need be. Always be a self-dependent.
The policy should cover the following key points
Eligibility criteria (80 days of service with the employer)
The Maximum period of Maternity period (26 weeks)
Requirement of request letter from the employee one moth prior before proceeding on MB leave, supported by a Medical certificate confirming the pregnancy.
Employees covered under ESIC Act will be entitled to get benefit under ESIC

From India, Madras
Respected V.M Lakshminarayanan Mam
You have summarized MB Act very precisely.
Thanks for your support. But still one question arises in my mind. Kindly explain.
The Employee who is hired under ESI, his/ her salary will be made to her account directly by ESI.
Would like to know whether the EPF part will be handled by ESI only OR During that time, no EPF will be deducted ?
Regards
Kavita

From India, Delhi
Hi, When Employee availing Maternity Benefit through ESI, employer is not paying any salary and hence there will not be any PF deduction. By the by my Gender is Male.
From India, Madras

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