Maternity Leave Eligibility for ESI-Covered Employees: Can Anyone Clarify?

Can you please tell me if an employee who is covered by ESI is eligible for Maternity Leave?

Thanks,
Deepika

Yes, she is. Moreover, the benefits payable to the concerned employee shall be taken care of by the ESIC department itself upon submission of the requisite documents, authenticated by the employer.

A woman employee covered under the ESI Act cannot claim benefits under the Maternity Benefit Act, 1961.

Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai

Of course, Deepika, she can claim maternity benefit leave under ESI. Please check with the ESI Act of 1948.

Dear B. Saikumar, I am a woman employee in a construction company. I joined on 28th June 2011 and was confirmed in January 2012. I got married in April 2012, and now I am three months pregnant. Am I eligible to take maternity benefits from the company? What types of benefits can I receive under the Maternity Benefit Act?

Thank you.

The company has not included me under ESIC, so I am not eligible for 'Maternity Leave'. Could you please confirm? My designation is HR Manager.

Thank you.

Regards,

Even if you are not covered under ESI, you can, irrespective of your designation, claim maternity leave of 12 weeks with wages under the Maternity Benefit Act 1961. Of these, 6 weeks shall precede the expected date of delivery and 6 weeks thereafter.

Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai

Yes, you are eligible for maternity leave, as already mentioned by Mr. Yadav. Your salary must be above 15,000; that's why the company has not included you under ESIC.

Regards,
C.M. Mohla

Hi Deepika, someone else is misleading. Once covered under the ESI, a female employee can be eligible for maternity benefits.

I would like to inquire about my wife, who is currently employed in a limited company and is covered under the ESIC scheme. She has recently commenced maternity leave starting from the 1st of September 2012. I am curious to know whether the payment for maternity leave will be disbursed by the company or if we need to seek reimbursement from ESIC. It is important to note that we are not availing any medical treatment through ESIC. Your suggestions on this matter would be greatly appreciated.

Thank you.

If one female employee is covered under the ESI Act, then she is eligible for maternity leave under ESI, not under the Maternity Benefit Act 1961.

Regards,
Rajbir

In my company, as maternity benefits, we pay three months' salary to those who are not covered under ESI. However, we do not have any policy regarding appraisals or increments to be given to them after the completion of one year. We are preparing a policy on that and need your guidance on the matter.

Appraisal Process During Maternity Leave

For example, if ABC has taken maternity leave for the period January to March, and her appraisal falls in April, then her appraisal should be processed in April.

If XYZ has taken maternity leave for the period January to March and subsequently extended the same for three months, then what should be done? Please advise.

Seeking your valuable guidance on this.

It will be paid by ESIC upon submission of a claim to the concerned Branch Office of ESIC in Form 19, along with a certificate of confinement in Form 18.

Regards,
B. Saikumar
HR & Labour Law Advisor, Mumbai

A woman employee who is covered under ESI is eligible to get only maternity leave under the Maternity Benefit Act 1961 and the rules made thereunder: 6 weeks before delivery and 6 weeks after delivery, and an additional 4 weeks for any miscarriage and two weeks for a tubectomy operation. However, a woman who is availing of the benefit under ESI cannot get the same benefit under the Maternity Benefit Act 1961, i.e., leave with wages (she is eligible to get leave only, not wages for that period).

NOTE: MATERNITY BENEFIT FOR CONFINEMENT/PREGNANCY IS PAYABLE FOR THREE MONTHS, WHICH IS EXTENDABLE BY A FURTHER ONE MONTH ON MEDICAL ADVICE AT THE RATE OF FULL WAGE SUBJECT TO CONTRIBUTION FOR 70 DAYS IN THE PRECEDING YEAR.

Thanks & Regards,
Ashok Kumar Gundla
Asst. Manager - Labour Compliance Management
Metier Advisory Services Pvt. Ltd
[Phone Number Removed For Privacy Reasons]

Thank you for the information. I would like to inquire whether forms no. 19 & 18 should be submitted by the HR department or if we should directly submit them to the ESIC office.

Could you also clarify if the forms are to be submitted after completing the maternity leave or before completing the leaves? Additionally, what is the minimum wage we are entitled to receive?

Thank you.

It does not apply to employees covered by the Employees' State Insurance Act, 1948.

The Maternity Benefit Act prohibits employers from employing a woman employee in any work of hazardous nature that is risky to her pregnancy or the child, as per Section 4 of the Maternity Benefit Act. Please let her make a request in writing.

Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai