Understanding Maternity Benefits under ESI Scheme and Maternity Benefit Act: Key Insights and Guidel

Dear Senior,

I joined a private company in April 2010 and am currently in my two-year probationary period. When I started, I was unmarried, but I am now nine months pregnant with a due date of July 18, 2012. I have already informed my employer about my situation, but he has stated that as I am still in my probation period, I am not eligible for maternity benefits under the Maternity Benefit Act.

If I am entitled to paid leave, could you please clarify how much leave I can take considering my monthly salary is 14,000 INR? I am covered under the Employee State Insurance (ESI) scheme. Will there be any advantages for me through ESI?

Could you provide details in accordance with the Maternity Benefit Act 1961, including the relevant sections and subsections, so I can bring this to the attention of my employer?

Thank you.

Hi dear,

You are paying the ESIC amount from your salary, so you can avail the ESIC benefit for up to 90 days.

If contributions in respect of the insured woman were payable for not less than 70 days in the two contribution periods immediately preceding the date of miscarriage, she will be entitled to maternity benefit for all days on which she does not work for remuneration during six weeks immediately following the date of miscarriage, at the maternity benefit rate.

The period of 6 weeks for which maternity benefit is payable for miscarriage under the above provision may be in one spell or more, but it must be within the range of 6 weeks from the date immediately following the date of miscarriage.

"2 years of probation" What is this, is this a joke? This is a clear case of fooling employees by the said management in not paying them their rightful dues.

First, let's solve your issue:
Here is a link that will answer your ESI questions. [ESI Delhi](http://www.esicdelhi.org.in/)

2. Maternity Benefit Act: Here is the link that will help you answer your Maternity Benefit Act questions. [Link no longer exists - removed]
All the best.

Regards,
Ukmitra

I believe that in case an employer does not provide you with a letter after 6 months, then you are deemed to be confirmed as neither an extension of probation nor confirmation has been given.

Regards,
Rashmi

There is no bar for a woman employee to receive maternity benefit during probation provided the contributory conditions, as Devi explained, are fulfilled. For any reason, you are not eligible to claim maternity benefit under the ESI scheme, you can claim the same under the Maternity Benefit Act of 1961, since I trust you must have put in a minimum of 80 days of service in the 12 months preceding your expected date of delivery. You can bring these provisions to the notice of your higher authorities. Do not worry. The Acts forbid the employer to take any action against you during pregnancy.

B. Saikumar
Mumbai

If you have completed more than 160 days, you are eligible to get Maternity Benefit as per clause 5(2) of the M.B. Act 1961.

Regards,

Manish Bali Head - HR, Jindal Group of Companies

Dear Ukmitra and Rashmi Malhotra,

A two-year probation cannot be taken lightly. It depends on the terms and conditions of your employment. Unless a deeming clause is provided in the appointment letter, an employee continues to be on probation.

In S. Sukhbans Singh vs. The State of Punjab AIR 1962 SC 1711, the Constitution Bench of the Supreme Court held that an employee appointed on probation does not automatically become permanent upon the expiry of the probation period. In AIR 1968 SC 1210, the Supreme Court held that an express order of confirmation is necessary to give the employee substantive right to the post. You can contact me to discuss further. However, in this case, Ms. Jastaran, you are eligible for maternity benefits as per the provisions of the ESI Act.

Thanks and regards,

RL Dhingra, Advocate
Labour Law Consultant, Delhi
9818309937
Email: rld_498@rediffmail.com

Since you are covered under ESI, you cannot claim any maternity benefits from the employer.

PVVB.KUMAR

Hi,
Recently I come across one GR of Maharashtra Govt. “Department of Finance”dated 24th Aug. 2009, through which Maharashtra Govt. has extended the Maternity leave from 135 days to 180 days.
Is this applicable to all type of establishments’ working in Maharashtra?
Kishor Telang

Dear Jastaran,

You are covered under ESI; hence, you should claim under ESI. As per the rules, you can avail a total of 03 months' leave, i.e., 1.5 months before the expected date of delivery and 1.5 months after the delivery.

Please contact the nearest ESIC hospital to get more details and benefits.

Regards,
Hiten

Maternity Benefit Act is not applicable if the employee is covered under ESI. In such a case, benefits shall be extended through ESI.

Lokender Kumar

Hi,

If your management says you are not eligible for the maternity act, you can claim the same from the ESI. You can download the form from the internet, get it signed by your employer, and submit it. ESI will pay you for the same.

Mr. Kishore Telang,

The GR may be applicable to government establishments in Maharashtra. For establishments in the private sector, the government shall amend the provisions of the Act and issue a notification in the Gazette. However, without seeing the GR, it is difficult to express an opinion.

B. Saikumar
Mumbai