How Can I Request Maternity Leave and Salary Support from My Employer?

Hi All, I am working in a Pvt. company as an Account Executive. I am the only employee in this office. I am currently receiving a salary of Rs. 10,500 per month. Now, I am two months pregnant, and I would like to know if the company will provide me with salary and leave for three months as maternity leave. Before joining, I inquired with my employer about medical allowance for employees, and he informed me that there is none. Additionally, I am not covered under ESI. Please advise me on how to draft a letter requesting maternity leave and my salary for the next three months. Awaiting a valuable response.

Maternity Leave Entitlement Under the Maternity Benefit Act

As per the Maternity Benefit Act, you will be entitled to maternity leave for 12 weeks—6 weeks before the expected delivery date and 6 weeks post-delivery. Additionally, you are eligible for a medical bonus of Rs. 2500 if your employer has not arranged hospital facilities, etc. However, you can avail of these 12 weeks of leave even after the delivery.

Hi Gracy,

There is no separate Maternity leave form. You only need to fill in the Earned Leave form with the purpose as 'Maternity leave'.

Regards,
R. Ponraj

Maternity Benefit Eligibility and Requirements

The Maternity Act states, "No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit, for a period of not less than eighty days in the twelve months immediately preceding the date of her expected delivery:

Provided that the qualifying period of eighty days aforesaid shall not apply to a woman who has immigrated into the State of Assam and was pregnant at the time of the immigration." Hence, the eligibility for receiving maternity benefits is 280 days in the twelve months immediately preceding the date of expected delivery. That's all.

You have to submit a Notice of Pregnancy (I, [Your Name], hereby give notice of Pregnancy) duly signed by you and also a Certificate of Pregnancy (I certify that I have examined you today and that in my opinion you are pregnant, and your pregnancy appears to be _______ weeks old) duly signed by a midwife or Registered Doctor.

I think the above details will fulfill your query.

Regards,
Alphonse
[Phone Number Removed For Privacy Reasons]

What is your gross salary? If your gross is less than or equal to 15,000, you are covered under ESIC, and you are entitled to receive all benefits from ESIC. If your gross is above 15,000, then you are out of ESIC, and in this case, your employer is liable to give you maternity benefits as per the Maternity Benefit Act. Please check this.

Thanks & Regards,
Jeene

Hi Gracy,

I can understand your concern. But as per my exp. when your employer doesn't have ESI and medical facility in that case I don't think that he would pay you 3 months salary. He is allowing you 3 months leave I suppose that would be a very big thing as a security of your job.

NM

Alphonse has given the correct answer. However, since your Gross Salary is less than Rs. 15,000/- p.m., you are entitled to coverage under the ESI Scheme. In denying you your lawful legal benefits/rights, your employer is exposing himself to appropriate action by the concerned authorities. Under the present circumstances, you can claim benefits under the Maternity Benefits Act. Your employer cannot deny you this benefit. (This is not the best of solutions. Ideally, you should get benefits under the ESI Scheme.) All you need to do is to apply for maternity leave and attach proof of your pregnancy as suggested by Alphonse.

Best Wishes,
Vasant Nair

Dear All, It is well said that if Ms. Gracy is drawing a salary of less than Rs. 15,000/-, she is covered under ESI. But please remember, Ms. Gracy has not mentioned whether the establishment is under the purview of the ESI Act, i.e., whether the company has an ESI number at all. Hence, Ms. Gracy needs to clarify this before we can comment on the leave eligibility.

Ms. Gracy, what is the meaning of your statement "I am the only employee in this office"? Can you please elaborate on your case?

Regards,
M.V. Kannan

[QUOTE=Vasant Nair;1272521]
Alphonse has given the correct answer. However, since your Gross Salary is less than Rs.15000/- p.m., you are entitled to coverage under the ESI Scheme. In denying you your lawful legal benefits/rights, your employer is exposing himself to appropriate action by the concerned authorities. Under the present circumstances, you can claim benefits under the Maternity Benefits Act. Your employer cannot deny you this benefit. (This is not the best of solutions. Ideally, you should get benefits under the ESI Scheme.) All you need to do is to apply for maternity leave and attach proof of your pregnancy as suggested by Alphonse.

Best Wishes,
Vasant Nair

Hi, if her company is not covered by the ESIC Act, then what happens? If I am not wrong, then the ESIC Act needs 7 persons to be implemented. Please answer this.

Thanks,
Dinesh

I am not clear on the payment made under the Maternity Act. Please clarify.

Regards,
Anjali Sarin

The employee who is on maternity leave is eligible to receive the normal wages or salary she was drawing before the maternity leave.

Regards,
R. Ponraj

Understanding ESI and Maternity Benefit Act Coverage

First of all, please check whether the establishment in which you are employed is in an area that is notified under the ESI Act for coverage. It may be that the establishment is covered by the ESI Act, but the employer is not recovering the ESI contribution from you and is also not remitting their contribution under the ESI Act. In such circumstances, you need not worry because from day one, when an employee to whom the ESI Act is applicable joins an establishment to which the ESI Act applies, he/she is covered by the ESI Act, even if the employer has not recovered her contribution or remitted his contribution. Worse still, he might not have registered the employee with the ESI. In all such cases, the employee is covered by the provisions of the ESI Act and is entitled to the benefits of the ESI Scheme.

To receive the benefits of the ESI Act, the employee should be an insured worker, which means that contribution under the ESI Act has been paid or is payable. Additionally, the ESI Act specifies a minimum length of service in the establishment to qualify for maternity benefits under the Act, so this aspect also needs verification.

When the ESI Act Does Not Apply

If the ESI Act does not apply to the establishment where you are employed, the Maternity Benefit Act comes into play. The MB Act applies to factories, mines, plantations, and shops and establishments where ten or more persons are employed or were employed on any day in the preceding ten months. Your post does not indicate the nature of the establishment where you are employed or the number of persons employed there. Therefore, I am unable to definitively state whether the MB Act applies to your establishment. If you could provide details on the nature of work conducted in the establishment and the number of persons employed, including whether ten persons were employed on any day during the previous twelve months, then I may be able to offer my insights on the matter.

Regards

Hi, my wife works for a school. After completing a two-year contract, they again made her sign a new one-year contract and not an extension. So, will she not fulfill the criteria of 280 days of work in the past year? She is due in November. However, her school is unclear regarding the maternity benefits she can claim. They are saying she will receive whatever she is due. The school does not provide ESI or any medical insurance.

My request to Alphonso and everyone else would be to inform me about the benefits a contract employee of the school can receive.

Regards,
A Sincere Member

Dear all,

Could anyone please help me by sending a maternity leave letter sample? I also want to know, as I am working in a pharmaceutical company for the last year and have completed my service in the office for 1 year and 4 months. Just 4 months ago, my employers provided me with the ESI, and for the past 4 months, they have been deducting the contribution for ESI.

As my EDD is just one month away, I want to know whether I am eligible for the Maternity Cash Benefit from ESI. I have asked my employer about this many times, but they keep saying that I am not eligible for this.

Sonia

Hi Srividhya,

I am going for maternity leave now. Am I eligible for 6 months' salary from the employer? I have already registered my name in the ESI hospital.

Kindly give comments.

Thank you.