Maternity Benefit Act [Thread 547679]

If a lady employee comes under ESIC Act and she is getting benefit through ESIC for her Maternity, Does she still get the benefit from the company As per maternity Act for 3 months paid leave.

If lady employee comes under ESIC then she can avail the benefits only from ESIC department. On other hand if she is out of coverage from ESIC then she can avail benefits only under Maternity benefit act (Concerned Company).

1. Dear member,if a woman is covered under ESI Act, 1948 and is eligible for the benefit under said Act, then she is not entitled for maternity benefits under the Maternity Benefit Act, 1961. Please see section 61 of ESI Act, 1948 as well as section 2(2) of the Maternity Benefit Act, 1961.
2. When the employer has contributed his share of contribution in respect of said woman employee under ESI Act, 1948 why should he pay maternity benefit under the Maternity Benefit Act, 1961 ?
3. Claiming of benefits wrongly will be violation of provisions of ESI Act, 1948. Please see section 84 of said Act.