harshi-tyagi
Hi, I would like to know that my factory (In Uttar Pradesh) is covered under ESIC Act. One of our employees who is not covered under ESIC (Salary is more than 21000) will require maternity leave in the coming months. May I know if the organization is liable to pay her or not, as she is not covered under ESIC.
If your answer is YES then please guide on the payment procedure and salary to be paid.
Thanks

From India, Noida
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Madhu.T.K
Industrial Relations And Labour Laws
R.N.Khola
Labour Laws & Ir
+1 Other

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R.N.Khola
351

Dear Member,
If this women employee is not covered under ESI Act, 1948 then you are to grant maternity benefit in accordance with the Maternity Benefit Act, 1961. For more details you may go through this Act.
R N KHOLA

From India, Delhi
Madhu.T.K
3791

The question of coverage of the Maternity Benefits Act does not apply as your establishment is already under ESI Act. If she has been working with you for at least 80 days over 12 months period, she will have to be given paid leave for 26 weeks of which she can take maximum 8 weeks prior to child birth. The monthly salary should be equal to the same salary that she was getting immediately before her leave. The only components that you can exclude are the components which is directly linked to attendance and reimbursements like travel and telephone.
From India, Kannur

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