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Dear All, Kindly required your advice for below. If ESIC exception employee can get Maternity benefit (21000PM) .
She can take leave for 26 week when ever she requires or it should be mandatory before 13 week and after 13 week .
kindly share legal amendment .

From India, Bangalore
Dear Vijay,
In respect of establishments falling under the simultaneous purview of both the Employee State Insurance Act,1948 and the Maternity Benefit Act,1961, such of those employees not covered by the former would be entitled to maternity benefits under the latter irrespective of their employment status or monthly salary.
The entire benefit period of 26 weeks can be availed of in a single go OR in two spells comprising of 8 weeks prior to the expected date of delivery and 18 weeks post delivery including the date of delivery at the option of the employee. The break-up ratio is mandatory if chosen by the employee.
Kindly go through Sec.5(3) of the MBA,1961 as amended effective from 01-04-2017.

From India, Salem
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