Maternity Leave for High Earners: How to Apply and Benefit Without ESI Coverage?

Hi, I have a doubt about maternity leave for women employees whose salary exceeds Rs. 15,000 and who are not under ESI coverage. How can they apply for maternity leave, under which section, and how can they benefit from it? Please suggest.

Regards,
A. Maheshwar Goud
Disto Pharmaceuticals Pvt Ltd
Cherlapally, Hyd-55

The question itself is not relevant to the context. If not covered under ESI, how can you seek benefits? However, the employer has to pay the employee during the maternity leave period.

Eligibility: Section 5

• Women, including temporary or unmarried, are eligible for maternity benefits when they are expecting a child and have worked for at least 80 days in the 12 months immediately preceding the date of their expected delivery.

• Leave days and layoffs are considered as days worked.

• Eligibility for benefits is restricted to two surviving children only.

Condition for Claiming Benefits: Section 6

• Ten weeks before the date of her expected delivery, she may ask the employer to provide light work for a month. At that time, she should produce a certificate confirming her pregnancy.

• She should give written notice to the employer about seven weeks before the date of her delivery, stating that she will be absent for six weeks before and after her delivery. She should also name the person to whom payment will be made in case she cannot take it herself.

• She should take the payment for the first six weeks before she goes on leave.

• She will receive payment for the six weeks after childbirth within 48 hours of providing proof that she has had a child.