Maternity Leave Dilemma: What Are the Options for Non-ESI Employees Earning Above 21,000?

Maternity Leave Eligibility for Non-ESI Employees

Dear Seniors,

Good afternoon to everyone. I am working as a Senior Officer - HR in a reputed organization in Coimbatore. We are providing both ESI & Mediclaim Benefits for our employees based on category. I request your valuable suggestions on the following:

A female employee covered under ESI is eligible for 26 weeks of Maternity Leave. What about a female employee if she is not eligible for ESI (i.e., drawing a gross salary of 21,000/- and above)?

1. Should the company provide Maternity Leave with Salary as per the ESI Act?
2. Should the company provide Leave alone without Salary?
3. Is the company not liable to provide Leave or Salary?

Please provide detailed explanations.

Thanks in advance.

The employee has to be paid leave with salary as per the Maternity Benefit Act and not the ESI Act. Please go through the latest Maternity Benefit Act in detail. It's available on the net.

If the female employee does not fall under the scope of the ESI Act, the company must provide 26 weeks of leave with salary and/or any other benefits in accordance with the Amended Maternity Benefit Act.

Dear sir,

In your case, please comply as per the Maternity Benefit Act. She is an employee under the M.B. Act. The new rule is effective from 1.4.17.

Regards,
Pranesh

Please note that it is not covered under ESI is "applicable" (Entitled). Women Employees not covered under ESI Act come under the purview of The Maternity Benefit Act, 1961, wherein benefits are to be paid by the Employer.

I understand that "Mediclaim" is for Non-ESI Covered Employees. Are mediclaim benefits on par with the benefits payable under The Maternity Benefit Act, 1961? Please check and revert.