Maternity Leave Dilemma: Who Pays Beyond 84 Days of ESIC Coverage?

Maternity Leave and ESIC Coverage

We have a female employee who is pregnant and covered by ESIC. She is eligible for 84 days of leave. The confusion arises as to whether the days beyond 84 will be paid by ESIC or the company.

What are the terms and conditions under which the company has to pay her for the 84 days of leave?

Regards,
Shalu

Maternity Leave Eligibility and Benefits

Maternity leave under Rule 101, as per labor law, shall be admissible to female employees who have completed one year of service and are permanent employees.

Maternity leave consists of six weeks before and six weeks after delivery, totaling a period of 12 weeks. If an employee claims less than 6 weeks before delivery, the remaining balance can be claimed after delivery, or vice versa (a total of 90 days).

These 90 days of leave are to be treated as paid leave, meaning the employee should receive their salary for this period. The company may or may not bear the hospital costs; this depends on the company's policy. If covered under ESIC, the employee can avail benefits for maternity costs through ESIC.

The company is responsible for paying the employee's salary for the 90 days along with granting the leaves.

Hope this information is helpful.

Regards,
Bindi

An insured woman who decides to give notice of pregnancy before confinement shall provide such notice in Form 19 to the appropriate local office by post or otherwise. She shall submit, together with such notice, a certificate of pregnancy in Form 20 to the ESIC office.

Regards,
Rajeev Kumar
Rohan Housing Pvt. Ltd.

In respect of ESI-covered employees, the maternity benefit of 84 days' salary (not 90 days) will be paid by the ESIC, and the employer need not pay anything.

Regards, Madhu.T.K

If an insured person's wife is pregnant, will ESIC cover the maternity expenses for the insured person's wife?

ESI Hospital Treatment and Claims

The insured person's wife will receive treatment from the ESI hospital free of cost. If no ESI hospital or ESI-listed hospital is available in the area, the insured person can claim hospitalization expenses from the ESIC.

Regards,
Madhu.T.K

According to the Maternity Benefit Act of 1961, if any female employee has worked for eighty days in the twelve months preceding her expected delivery date, the employer shall be entitled to the payment of maternity benefits.

As per section 50 of the Act, every employer is entitled to receive maternity benefit payments, regardless of the application of the Employees' State Insurance Act.

With Best Regards,
Amit Kumar

If the employee is covered under ESIC and has to claim for the 84/90 days of maternity leave from the ESIC, then kindly let me know the procedure for the same.

Thanks,

Best Regards,
Fariha

When a female employee is covered under ESI, the company does not need to pay any salary to her. She has to produce the delivery report to ESI and get 84 days of leave with full wages through ESI. During these 84 days, only Loss of Pay (LOP) from the company's side.

Regards,
Balamurugan. K

ESI will pay the 84 days' salary (Double the SSB, almost full wages). The employer need not pay anything.

Right to Payment of Maternity Benefit

Subject to the provisions of this Act, every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence immediately preceding and including the day of her delivery and for the six weeks.