Navigating Maternity Leave: What ESIC Offers and How It Affects Your Career in Kerala

I am working in a Pvt. Ltd. company in Kerala as an Assistant Customer Relations Manager in the Service Department, especially in the automobile industry. I joined here on 10-10-2011. My salary is Rs. 9500/-. The matter is that I am now eight months pregnant and my delivery is expected to happen in July 2013. This will be my second delivery. I am eligible for ESIC.

Benefits of ESIC for Pregnant Women

I would like to know what benefits a pregnant woman gets from ESIC. How many days of leave are agreed upon for the delivery period? Will there be any obstacles to getting a promotion or increment during this period?

Leave and Work Benefits

Is there any chance to get paid leave from my company or can I request a nursing break? What are the formalities to get paid leave? Kindly inform me. I am waiting for your reply.

Regards.

ESIC Leave and Benefits for Delivery

You will get 84 days of leave for delivery at normal salary from ESIC. You will get 30 more days of such leave if you have any illness arising out of confinement. You will get this benefit only if you have contributed for at least 70 days during the two benefit periods, i.e., from April 2012 to Sept 2012 and Oct 2012 to March 2013. There is no provision for a nursing break under the ESI Act.

Regards,
Varghese Mathew

To answer the other questions you have:

The company is not obliged to give you paid leave. It may do so out of goodwill. You can always request the same. What do you mean by a nursing break? Are you asking for additional days of leave? Any such leave will be unpaid. The company will not be happy with you asking for additional days off.

As for increments and promotions, this is generally an internal matter for the company to decide. ESIC or any law cannot dictate it. If your work was good and the company wishes to retain you, they will probably give you an increment even if you were on maternity leave. However, generally, they would not be inclined to do so, and no law will force them to do it.

Hope this answers your question.

Nursing Breaks and Maternity Leave Benefits

The nursing breaks are two intervals of 15 minutes each, in addition to the normal lunch break allowed to a woman under the MB Act, to enable the woman to feed the child until the child attains the age of 15 months. Maternity leave will not affect the increments or promotions.

Regards,
Varghese Mathew

Of course, nursing breaks specified in the Maternity Act or Factory Act, as you have quoted here, will apply when the baby is close by, possibly in the crèche. I suspect they don't have a crèche in the place where she is working (waiting for her to clarify, of course).

While the Maternity Act may specify that increment or promotion is not affected, in reality, it does get affected. It being a discretionary matter, you cannot take any action against the company for that.

Nowhere in the Factories Act is a nursing break mentioned. What Saswata said about increment/promotion is correct. We are living in a country where people are losing their jobs after maternity leave. That is the extent of our rule of law.

Varghese Mathew

Factory rules in Maharashtra provide for two breaks during the day for mothers to feed their babies. I think other states also have similar provisions in their rules. I can locate them if you wish.

I am inquiring about the possibility of having a break time to feed my baby. I have noticed that in other companies, working mothers are allowed to work only 6 hours per day. After taking ESIC leave, they re-joined and their working hours were reduced to 6 hours.

Thank you for considering my request.

Sincerely,
Regards

You are eligible for 84 days of maternity leave according to the ESI Act. This does not hinder your chances of receiving an increment. Paid leave cannot be granted. You are entitled to only one benefit at a time. A nursing break can be requested if there is no crèche available.

Regards,
V. Subbarao