Maternity Leave Dilemma: Can I Still Get Paid Without ESI Coverage?

Maternity Leave Query

I am applying for maternity leave for my second delivery. As my salary is above $20,000, I am not eligible for ESI. During my first delivery, I had eligibility for ESI, but currently, I am not covered under ESI. I would like to know if I am eligible to receive my salary from the company. I have been working in a private organization for 10 years.

Please advise on the above matter.

Thank you.

Regards.

Well, as you mentioned, you work in a private company, so it is advisable for you to check the company policies regarding maternity leave first. The same policies will apply to you. In some reputable private companies, they offer maternity leave and even pay salaries for those months. In some companies, only the basic salary is paid to employees during the maternity leave period.

You are eligible for maternity benefits (leave with salary) for 84 days under the Maternity Benefit Act of 1961. Additionally, you are entitled to 30 days of benefits for sickness arising from delivery. If your employer does not provide free medical care, they must pay you Rs 3500 as a medical bonus. You should have worked under the employer for at least 80 days during the 12-month period before the delivery date.

Regards,
Varghese Mathew
HR/Labor Law Adviser
Trivandrum
[Phone Number Removed For Privacy Reasons]

Agreement with Mr. Varghese Mathew's Views

I fully agree with and endorse the views of Mr. Varghese Mathew. Secondly, no company can create policies that override the statutory benefits of labor Acts, including the Maternity Benefits Act of 1961. Do not give in if they say it is not in company policy or according to a company policy. If any company operates in India, they must comply with Indian laws and Acts. Yes, a company can provide better or additional benefits.

Warm regards.

Excellent comments by Mr. Verghese and Mr. Rajkumar. Yes, the MB Act fully protects a woman employee's rights to receive salary and leave during pregnancy leave. I would like to add that these benefits must be offered timely and not at the discretion of management. For example, salaries should be released monthly, even if the pregnant employee is on leave. Some employers wait until the employee resumes her duties and then release all four or five months of pending salary together. They are concerned that the employee may not return to work (which is often true). However, this practice of withholding salary during the leave period is wrong and illegal. A female employee must receive her pay on a monthly basis during her maternity leave.

Maternity Leave Procedures

Further to it, I'd like to add that once pregnancy is confirmed by a medical practitioner, she should submit an approximate date certificate to the employer. The employer then has to pay her 90 days' leave with pay in advance; this is called pre-pregnancy leave. After pregnancy, she will get 90 days' leave with pay, and the employer must pay the amount within 48 hours after the submission of the baby's birth proof.

Regards,
Sunil Akolkar