Hi, I am working in a manufacturing company, and we have a total of three female employees working in the office. Are we eligible to use maternity benefits since not all the female employees are covered under ESIC?
Provisions of the Maternity Benefit Act, 1961, or ESI, 1948 are applicable irrespective of the strength of women employees. If women employees are not covered under ESI, then the provisions of the MBA, 1961 automatically become applicable.
You have to pay maternity benefits as per the MB Act of 1961 to those female employees not covered under the ESI scheme. The number of women employees being three makes no difference for the applicability of the Act.
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