Maternity Leave Payment Confusion: Can My Company Deny Benefits After ESI?

I am working in an MNC for the past 5 years. I received maternity benefits from ESI. Can I get any maternity leave payment from my company? Currently, I am doing the same job in my company, but they have not paid a single penny of maternity benefit. Please clarify.

Understanding ESIC and Company Benefits

If you have taken benefits from ESIC, then how can you receive benefits from the company? According to the company, you may receive some monetary benefits, but not through a legal process. Your absence could be considered as maternity leave by the company. I believe you have received benefits from ESIC, and there is no provision to receive additional benefits from the employer unless they choose to provide it, which is also not in accordance with the law. In conclusion, you may receive a one-sided benefit, not from the employer's side.

Regards

Clarification on Maternity Benefits Under ESI and MB Act

This is to clarify that when a woman employee is receiving benefits under the ESI Act, 1948, she cannot claim any benefits under the Maternity Benefit Act, 1961. Therefore, the management is not required to provide any benefits in such cases under the MB Act, 1961. For more details, you may refer to section 2(2) of the Maternity Benefit Act, 1961.

With Regards,
R.N.Khola

"I am working in an MNC for the past 5 years. I received maternity benefits from ESI. Can I get any maternity leave payment from my company? I am currently in the same job in my company, and they have not paid a single penny of maternity benefit. Please clarify."