Madhu.T.K
Industrial Relations And Labour Laws
[email protected]
Hr & Admin Manager

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Dear Sir/Ma'am, I work in Vadodara (Gujarat) Private company as an HR Executive. I come under Esi and my joining date is 1st Oct 2018. Now I am 3-month pregnant I want to know what are benefits I am eligible for maternity leave pay from Esi ?? Will I be paid fully? and also want to know the procedures? My HR Manager has no knowledge of this and he said there is no rule for maternity leave and if you want to go for leave then its convert into LWP (leave without pay) and they will hire someone else in my place for that particular period.
Please give me guidance for the procedures to claim maternity leave benefit pay and also I will undergo delivery from a private hospital, not from esi hospital.
Need Guidance on this.

From India, Anand
From the post I understand that you need only cash benefits from the ESI Corporation but would like to undergo delivery from a private hospital. Then why do you ask for the facilities in ESI? If you need maternity leave, it should be sanctioned by the ESI Corporation and the basic requirement is that you will undergo treatment etc in ESI facility and not private hospital.
Coming to the contributory conditions,in order to be eligible for maternity leave you should satisfy certain contributory conditions. The first one is that the benefit of maternity leave is available only in the benefit period. For an employee who joined in October 2018, the first benefit period will be from June, July, roughly. Now being 3rd month of pregnancy, the expected date of delivery should be sometime in Sept or Oct and that is okay.
The second condition is that you should have worked at least for 70 days in two consecutive contribution periods. Anyway, you will cover the contribution periods of Oct to March, April to Sept before delivery. That means, you will get maternity leave from the Corporation. During the leave period you will be paid full salary, the salary on which your employer contributes ESI.
You have to go to your ESI dispensary and undergo tests etc there and collect the necessary certificates. You can not opt for any private hospital unless the Medical Officer refer you to any private hospital. Under normal circumstances, they will refer you only if there is any complication. That is why I started the post with a negative note that if you don't want the facility but only want the 26 weeks leave, then it will not work.
Your HR manager's version that there is no maternity leave is not correct. But he is right when he says that in respect of an employee under ESI, the employer will not pay any leave salary.

From India, Kannur
Dear Madam/Sir,
I am working one of the added degree college from past eight years in mysore. Now I am a seven month pregnet. Our Institution is asked me to take a one year leave without pay. But when I asked about the maternity leave they said you have to pay for one candidate during your maternity leave. I am a management permanenet employee . What is the procedure to get maternity leave and how to claim delivery expenses in ESI hopitals.

From India, Mysore
I understand that you are working in an aided college. I am nt sure if an aided college is under ESI Scheme or not. An employee getting salary from the government will not come under the ESI. What is the problem in giving maternity leave with pay, I don't understand. Please tell us whether you come under ESI, if ESI is deducted from your salary, who pays salary and if the salary is more than Rs 21000 (if so you will not come under ESI)
From India, Kannur
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