Anonymous
Hi, I am working in a manufacturing company in UP. I want to ask that I am not covered under ESIC due to high gross salary. Am I eligible for maternity benefit as there are only 4 females on roll out of 60 employees but there are other females under contractor? And if I am eligible what salary am I supposed to receive and when.
Waiting for your guidance as because of my HR Manager if I was covered under ESIC only then I would have to get paid leaves.
Thanks

From India, New Delhi
Since the poster is working in a manufacturing company and is out of coverage of the ESI Act,1948, she is entitled to all the maternity benefits under the Maternity benefit Act,1961 despite her higher salary. The no of employees is not the criterion for the application of the said Act in respect of factories apart from the fact that contract labor also are covered under the Act. Even where the minimum no of employees in establishment is prescribed for the application of the Act, it refers to the total no of employees and not to the no of women employed therein. During the entire absence of 26 weeks due to maternity, the poster would be paid salary based on the average of her wages during the three months immediately preceding. Let her HR manager refer to sections 2 and 5 of the MB Act,1961.
From India, Salem
Yes IT IS TRUE THE GIVEN MY FRIEND'S REFERRED ADVICE.
PLS. GO THROUGH IT... NO SALARY LIMIT.
NOT CONCERNED WITH ESIC ACCOUNT.
MOREOVER
THE FOUR WOMEN WHO ARE WORKING AS CONTRACT LABOUR ARE ALSO ELIGIBLE FOR MB BENIFITS IRRESPECTIVE OF WORKING UNDER CONTRACT LABOUR.
ALL THE BEST.

From India, Nellore
Dear colleague,
The answer to your query is emphatic 'yes'. You are eligible for MB.
The MB Act does not prescribe number of women employed in any factory or commercial establishment or salary drawn for its application. It also doesn't exclude contract workers from its scope.
The eligibility for MB is the woman worker should have been in employment for 80 days in preceding 12 months prior to claiming MB which is 26 weeks' paid leave.
You need to follow due procedure regarding intimation of pregnancy with doctor's certificate and application for maternity leave.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant

From India, Mumbai

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