Facing Maternity Leave Denial After Surgery: Can I Claim Benefits from My Employer?

I am employed with a Shop & Establishment firm and was on maternity leave. I asked my manager to extend my leave for a month because I have undergone serious surgery, but they neglected it and asked me to resign. I am insured under ESIC, from which I was supposed to get my maternity benefit, but I am not eligible for it due to the condition of fewer days. I want to know whether I can claim from the company, as I was informed by an ESIC officer that the company should provide the benefit. Please help me out.

Please confirm your number of working days in the said company. The condition with ESIC and the company does not differ. Since you are covered under ESIC, all the benefits have to be covered by ESIC only, to the best of my knowledge.

Under the Maternity Benefit Act, 1961, there is a condition of a minimum number of days of service (eighty days in the twelve months immediately preceding the date of her expected delivery - Section 5).

Under the ESI Act, 1948, and the rules/regulations framed thereunder, there is also a contributory condition that "contributions in respect of her were payable for not less than seventy days in the immediately preceding two consecutive contribution periods" (Rule 56).

In my opinion, if the above contributory conditions are not satisfied, the woman employee will not be entitled to maternity benefits.

Once you are satisfied with the information provided by Mr. Mehta, approach the ESIC officer. One communication should be sufficient for the company to provide the benefits.

If you are covered, you can seek an additional 30 days of Maternity Benefit if you are suffering from sickness due to pregnancy delivery, such as surgery, as mentioned by you.

Can you explain the clause below in detail?

Clause Explanation Request

"Eighty days in the twelve months immediately preceding the date of her expected delivery."

Does it mean the employee should have worked a minimum of 80 days in the 12 months, and the expected date of delivery should be after 12 months?