Umakanthan53
Labour Law & Hr Consultant
Madhu.T.K
Industrial Relations And Labour Laws
Rkn61
Hr Manager

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Dear Seniors, I have a query about Maternity Benefit, i.e -- A women employee is under maternity leave from December,2019 to May,2020 (her Gross Salary is Rs.20985/- ). If she gets some increments w.e.f. April,2020 gross salary will cross above 21k, then she is able to get maternity benefit (Salary amount )for April & May,2020? kindly advise.
From India, Hyderabad
Dear Sunny,
Salary is not a criterion of eligibility for maternity benefit under the Maternity Benefit Act,1961.
Regarding annual increment falling in the middle of the maternity leave, its monetary effect will take place only from the date of rejoining.

From India, Salem
What is the relevance of Rs 20980 or 21000? Is it that the employee is under ESI and is undergoing ESI leave and your doubt is what happens if her salary exceeds Rs 21000 and becomes out of ESI coverage from April 2020? If yes, I would say that ESI benefit does not cease just on salary becoming more than Rs 21000 but even after an employee becoming out o ESI scheme, he/ she will get he benefits of the scheme till the benefit period ends. Normally, the benefits from ESIC will be available for another six months. Therefore, an employee on maternity leave on ESI will continue to receive the same for April and May even if she becomes out of ESI coverage in April.
From India, Kannur
Yes. ESI contributory period - April - September, October - March Benefit period - January - June , July - December
From India, Aizawl
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