Maternity Leave - Resignation Letter

Dear Seniors,
Kindly guide me, ours is a SSI unit. One female employee lastly worked till 21.01.2014. She didn't come to work from 22.01.2014 and no written information is given by her. She orally told that she is pregnant. On 07.03.2014 she came to our office and given her resignation letter ( reason as not feeling well). She expects delivery around last week of July'2014. She said that she is not working in any other concerns & she is taking rest in home. She is covered under ESI. Whether we have to pay maternity leave ?. (some says 8 weeks before or after delivery is entitled for Maternity leave). Kindly clarify me.

Dear Member,
The mere coverage of female employee under ESI Act is not so much important, but the important aspect is whether she is eligible for maternity benefit under said Act. You have not mentioned the length of service in your establishment rendered by said insured woman. Kindly see Rule 56 of ESI (Central) Rules, 1952 ( as amended).
If the said Insured woman is not entitled for benefit under ESI Act, then the principal employer of the factory/establishment where she is/was working is required to make payment of maternity Benefit, if otherwise eligible under said Act also. Kindly see Sections 5A & 5B of 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 relation ceases. Thereafter no bounden duty to you for maternity benefit. you need not worry.
D.Gurumurthy