Dear Malik Sir,
After completion of 84 days ML, in addition to this, she can avail 30 days ML on grounds of sickness due to delivery. Still (after additional 30 days), she is sick due to pregnancy, how long can she go on leave as per the act? If the employer permits up to 84+30 days ML and after, can the employer insist on attendance for duty (in writing) as per the Act (not on humanitarian grounds).
Sir, you are also requested to advise me on the following issue.
If a woman employee is covered under the ESIC Act, naturally, she will receive all the benefits from ESIC as per their schemes. To access the benefits from ESIC, there are some conditions that the employee must fulfill. My doubt is, if a woman employee is covered under the ESIC Act and she wants to go on maternity leave but has not fulfilled the criteria as per ESI (e.g., her service is less than 6 months), she is not entitled to receive the ML benefit from ESIC even though she is covered under ESIC.
In this situation, does the employer have to pay the benefit even though she is covered under ESIC, and the employer is also making contributions on her behalf to ESIC?
Sir, one more doubt.
As per the Maternity Benefit Act, every woman employee is entitled to receive maternity benefits from her employer, provided she has worked not less than 80 days in the twelve months immediately preceding the expected delivery date.
In the above clause, a minimum of 80 days of work is required. Does the woman also need to have completed 12 months of service? For example, if a woman has only worked for 4 months with the organization but worked for 80 days during that time, is she eligible for maternity benefits from the employer? According to ESIC rules, an employee must work a minimum of 70 days, and 9 months of service is also required. Similarly, under the Maternity Benefit Act, along with 80 working days, is one year of service also necessary?
Your guidance is appreciated.
Regards,
PRASAD.SBR