Maternity Leave Benefit Under ESIC Act - Reg.

A female employee joined the ESIC scheme in June '14 and had her delivery in Dec. '14. She didn't receive maternity leave benefits under the ESIC scheme due to the lack of a minimum period of association with ESIC. In this case, I would like to know if the employer is liable to pay the full amount of salary for her 12 weeks of maternity leave, even though she is covered under the scheme. If so, is ESI deduction applicable to this payable salary?

Please advise.

Dear member, as per provisions contained in Section 5(2) of the Maternity Benefit Act, 1961, a condition of service of "not less than eighty days" has been laid down to become eligible for maternity benefit under the said Act. Therefore, the employer will definitely examine the eligibility under the said Act before making payment for the said benefit to the claimant.

In case wages or leave with wages are paid by the employer instead of maternity benefit (e.g., in the Payment of Wages Register), then in such an instance, contributions under the ESI Act, 1948, in my opinion, become payable.

Yes, the employer is liable to give her maternity benefits as per Section 5A of the Maternity Benefit Act, provided she has worked under the employer for at least 80 days prior to her date of confinement. If the employer is paying her full wages for her period of maternity leave, then Employees' State Insurance (ESI) is deductible from it.

Varghese Mathew

We have registered the employee under ESIC. Is this applicable to the employee's wife for maternity benefits?

If an employee and the employee's spouse are covered under ESI, the spouse will receive medical facilities from ESI, not ESI cash benefits.

Sir, only employees (whether male or female) covered under the ESI Act, 1948 are entitled to cash benefits under the said Act, provided they fulfill/satisfy the contributory conditions as laid down under the said Act/rules/regulations.

Family members of the covered employees are not entitled to Cash Benefits (including Maternity Benefit), except in cases of Dependent Benefit (DB) if they are dependents of said employees who died in the course and out of employment as defined under the said Act.