Navigating Maternity Leave: Do We Need to Provide It for a Resigned Employee?

Dear Seniors, kindly guide me. Ours is an SSI unit. One female employee last worked until 21.01.2014. She didn't come to work from 22.01.2014, and no written information was given by her. She orally mentioned that she is pregnant. On 07.03.2014, she visited our office and submitted her resignation letter citing not feeling well as the reason. She expects to deliver around the last week of July 2014. She confirmed that she is not employed elsewhere and is currently resting at home. She is covered under ESI. Are we required to provide maternity leave? (Some say 8 weeks before or after delivery is eligible for maternity leave). Kindly clarify this for me.

Thank you.

The mere coverage of a female employee under the ESI Act is not as important as whether she is eligible for maternity benefits under the said Act. You have not mentioned the length of service in your establishment rendered by the insured woman. Kindly refer to Rule 56 of the ESI (Central) Rules, 1952 (as amended).

If the insured woman is not entitled to benefits under the ESI Act, then the principal employer of the factory/establishment where she is/was working is required to make payment of maternity benefits if otherwise eligible under the said Act. Please see Sections 5A and 5B of the Maternity Benefit Act, 1961.

If she has already submitted her resignation and is not attending the office, then how come you are liable to pay the Maternity Benefit? If you or the employer want her service, you can convince her that the Maternity Benefit will be provided to her by the ESI Scheme if she continues her service with you.

After her resignation and your acceptance, the employee-employer relationship ceases. Thereafter, there is no bounden duty for you to provide maternity benefits. You need not worry.

Regards,
D. Gurumurthy