Dear Malik Sir,
After Completion of 84 days ML, in addition to this, she can avail 30 days ML on grounds of sickness due the delivery . Still (after additional 30 days) she is sick due to pregnancy , how long she can go on leave as per act? If employer permitted up to 84+30 days ML and after, can employer insist to attend for duty (in writing) as per Act (not on humanitarian grounds).
Sir, you are also requested to advise me on the following issue
if Woman employee covered under ESIC ACT. naturally she will get all the benefits from ESIC as per their schemes. To get the benefits from ESIC, there are some conditions and employee has to fulfill the criteria. My doubt is, if woman employee is covered under ESIC Act and she wants to go on Maternity leave. However, she was not fulfilled the criteria as per ESI(EX.: Her service is less than 6 months - like this) and she is not entitled to get the ML benefit from ESIC though she covered under ESIC.
In this situation, is employer has to pay the benefit though she covered under esic and employer also paying contributions on her name to ESIC.
Sir, one more doubt
As per Maternity benefit Act, every woman employee entitled to get maternity benefit from her employer, unless she has to work not less than 80 days in the TWELVE MONTHS IMMEDIATELY PRECEDING the date of her expected delivery.
In the above clause, minimum 80 days working is must. At the same time 12 months service is also compulsory? if the woman service with the organisation is only 4 months. However she worked for 80 days during her 4 months service. Whether she is eligible for getting maternity benefit from employer? Actually as per ESIC rules employee has to work minimum 70 days and at the same time 9 months service also must. Like that under Maternity benefit act, along with 80 working days, one year service also required or not?
Your guidance is requested
Regrads
PRASAD.SBR