Reading the discussion above, I realised there are a lot of confusion as regarding the applicability of ESI, Maternity benefits etc. So have tried to address some pertinent questions here by addressing both ESI Rules 1950 and Maternity benefit act 1951.
MATERNITY BENEFIT ACT
Q . Which employees are covered under the act?
A. There is NO definition for employee in maternity Benefits act. The definition is provided for term 'woman ' . In Sec 3(o) “woman” means a woman employed, whether directly or through any agency, for wages in any establishment.” As such all women are covered under the provisions of act provided they have worked for 80 days in the preceding 12 months. To calculate number of days worked , approved leave days and holidays with wages are to be taken into account . (Sec 5(2)
Q) Is there a wage limit for such coverage?
A) No. All women are covered.
Q) What is the quantum of leaves?
A) 12 weeks of which 6 weeks can be before the expected date of delivery.
Q) To which establishments are the act applicable/ any limit in number of persons employed?
A) For factories/mines /plantation/Govt establishment - Even if one person is employed
For shops & commercial establishments - where minimum 10 persons are employed
ESI ACT (only for women covered under the act)
Q) Are all women covered?
A) No, only insured women are covered. The advantage of the women covered under the act is that they don’t have to meet the 80 days criteria in the immediate preceeding 12 months. She has to be an employee for which contributions were paid for 70 days in immediately preceeding two contribution period (12 months) as per ESI Rules 1950 clause 56 “if the contributions in respect of her were payable for not less than seventy days in the immediately preceding two consecutive contribution periods.”
Q. Is there a wage limit for such coverage?
A) Yes. Rs 15,000 till Jan 2017 and Rs 21,000 from now onwards.
Q) What is the quantum of leaves?
A) 26 weeks of which 8 weeks can be before the expected date of delivery.
Q) If I draw a salary above 15,000 but less than 21, 000and consequently got coverage from January 2017 onwards, am I eligible for 12 weeks or 26 weeks maternity leave?
A) 12 weeks only for which you are entitled under ‘Maternity Benefits Act’. ESI maternity benefits will be applicable to you from 2018 January only