Maternity Leave and Employee Compensation: Can You Claim Without ESI Coverage?

maheta jaydeep
Dear Seniors, I wanted to know if we can claim maternity leave in employee compensation where ESI is not applicable because I have no idea about the same.

Regards,
Jaydeep
R.N.Khola
We do not find any provision for the grant of maternity leave under The Employees' Compensation Act, 1923.

Regards,
R.N. Khola
Welcome Skylark Associates
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9871103011
Dear Jaydeep, Sh. R.N. Khola has rightly mentioned that there is no provision for the grant of maternity leave under the Employee's Compensation Act, 1923. In the non-implemented areas of ESI, the Maternity Benefits Act, 1961 is made applicable. The object of the Act is to provide maternity leave and monetary benefits to protect the dignity of motherhood by ensuring the full and healthy maintenance of women and their child when she is unable to work in the establishment due to pregnancy.

Regards,
BS Kalsi
Member since Aug 2011
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