maternity leave for women employee is Eligible with out ESI coverage - CiteHR
Umakanthan53
Labour Law & Hr Consultant
Vmlakshminarayanan
Sr.manager - Hr&admin

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Dear Experts,
i would like ask if any women employee working in private organization from last one year.since the organization not covered under ESI act.
can she eligible for maternity leave of 182 days.
requesting you to suggest is it ESI necessary to Avail Maternity benefit in any private organization.
Regards
Krishna Chaitanya

Dear Krishna,
Coverage of an employee under the ESI Scheme is determined by the threshold salary. In such a situation, the employee not covered under the ESI Scheme for whatever reason would be entitled to maternity benefit under the MB Act,1961 provided the Act applies to the establishment and the employee has worked for 80 days therein during the preceding 12 month's period prior to the expected date of her delivery.

Dear sir
Thanks for valuable suggestion.
Regards
Krishna Chaitanya

Dear sir
If an employee who is completed her maternity benefit with 182 days.later if she wants extends the leave for 3 months then organization have options.
1.they allow her leave as per request.
2.if not organization having a right to close her services because of her leave extending.
requesting you to suggest me the best practice in this particular issue and is it impacting of service of employee and gratuity period.
Regards
Krishna Chaitanya

Hi,
After the completion of 182 days maternity leave period further extension of one month to be allowed (for physical illness - subject to authorized by Doctor). Any further extension may be considered on humanitarian basis without salary. At the time of separation if she is qualified for Gratuity, Gratuity to be cleared by employer.

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