Re: Maternity Leaves For ESI Covered Employee

Dear Mr.B.Saikumar, iwould like to know that my wife is working in a Ltd co. & she comes under ESIC scheme, now she have taken a maternity leave from 1st of september 2012. Whether the payment against maternity leave will be paid by the company or we have to claim the same from ESIC. As we are not taking treatment in ESIC.. Pls give your suggestion regarding the same..

Dear Deepika
If one female employee is convered under ESI act then she is eligible for maternity leaves under ESI not under maternity benefit act 1961.
Regards
Rajbir

In my company, as maternity benefits we do pay 3 months salary to those who are not covered under ESI. But we do not have any policy regarding appraisals / increment to be given to them after completion of 1 year. We are preparing a policy on that, need your guidance on that.
For e.g.
If ABC has taken Maternity leave for the period Jan 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 Jan to March and subsequently extended the same for 3 months then what should be done... (please advise)
Seeking your valuable guidance on that.

Bantyroy
It will be paid by ESIC on submission of claim to the concerned Branch Office of ESIC in Form 19 along with certficate of confinement in Form 18.
B.Saikumar
HR & labour Law advsior
Mumbai

Dear All,
A women employee who covers under ESI is eligible to get only maternity leave under Maternity Benefit Act 1961 and Rules made thereunder 6 weeks before delivery and 6 weeks after delivery and also aditional 4 weeks for any miscarriage and two weeks for tubectomy operation.
But a women who are availing the benefit under E.S.I can not get the same benefit under maternity benefit act 1961
i.e leave with wages ( she can 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 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
(91-9866472745)

Dear Mr.B.Saikumar,
Thanks for the information, as well as i would like to know that the form no.19 & 18 will be submitted by HR deptt or we should directly submit the same to ESIC office.
Forms will be submitted after completing the maternity leave or before completing the leaves & what is the minimum wages we shall get..

You need to submit to the concerend Branch office of ESIC.
B.Saikumar
HR & Labour Law Advsior
Mumbai

Dear all,
Nice discussion.
I have one more query. One of my friend is expecting and this is her 5th month.She is working in Chemical Laboratory.She is given work in Fume Hood. She deny (because chemical fumes are harmful) and request her seniors to give her light work, But she is being forced to work their.
Is their any Clause in Maternity Act which says that she cannot work in toxic environment and should be given Light work.
Also if suppose she continues to work their and some abnormality happens in child birth or child is abnormal than what are legal obligations a company is responsible for?/
Pl. help and guide me...
Regards,
Hansa Vyas

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

Dear Hansa
The Maternity Benefit Act prohibits employer to employ a woman employee in any work of hazardous nature that is risky to her pregnanacy or the child as per Sec. 4 of teh Maternity benfit Act. Let her make a request in writing.
B.Saikumar
HR & Labour Law Advsior
Mumbai