If someone is covered under ESIC, then the employer is not liable to pay. She will claim from ESIC by showing that she was on leave without pay during that period.
Hi Parvin, If an employee who is in service proceeds on maternity leave, the ESI Corporation will make a cash payment of 100% if she fulfills the eligibility conditions.
If an employee is not covered under ESIC, then the Maternity Benefit Act comes into play. Accordingly, the company is responsible for paying her for 84 days of maternity leave.
Dear Parvin, Firstly, does the company have 10 or more employees? If yes, then the Maternity Act and its benefits apply.
Regards, Deena Jagasia
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