Hi, I joined on Nov 1st 2021 in my job.now iam 9th month pregnant.when i applied for maternity leave but it gets rejected,becoz 9 month esic contribution is not completed.my delivery date is 28/6/2022. So now my query is that can I apply maternity leave from August 1st2022. Means 2 months after delivery.until August I will take medical leave.so pls advice me that am i eligible for maternity leave after two months of delivery.
From India, Hyderabad
From India, Hyderabad
No. That is not possible. ESIC has rejected your claim because you should not have completed the required contributory condition of 70 days contribution in the 2 contribution period preceding the expected date of delivery. Again your leave is not during the benefit period. However, in respect of an employee who has or cannot get maternity benefit from the ESIC shall get it from the employer if she satisfies the eligibility conditions as per Maternity Benefits Act which says that a woman employee should have 80 days service during 12 months preceding the date of or expected date of delivery. Though I do have doubt regarding the qualifying phrases of "12 months preceding the expected date of delivery", there seems to be no interpretation that one should have worked for 12 months and in that 12 months there should be 80 days working. If so, you are eligible to maternity leave paid by your employer.
From India, Kannur
4193From India, Kannur
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Temporary, adhoc & contract worker also eligible for maternity leave 12102017.pdf
Maternity Leave Policy - posting.doc