Understanding ESIC Maternity Benefits and Leave Entitlement

Dear Sir,

I am pregnant and I have completed 5 months of my pregnancy. My present days according to ESIC registration number are 59 days. Can I get maternity benefits? Please reply as soon as possible. How much payment can I receive during this maternity benefit period, and please also provide information on leave entitlement.

Thank you.

Madhavi,

Please go through the below information. If you require something more, please ask.

Some features of the Maternity Benefit Act are as follows:

Increased Paid Maternity Leave:

The amendment Act has extended the duration of paid maternity leave available for women employees from the existing 12 weeks to 26 weeks. According to the amendment Act, women can avail of this benefit for up to 8 weeks before the expected delivery date and the remaining 18 weeks post-delivery. For women expecting after having 2 children, the paid maternity leave duration will be 12 weeks (6 weeks before and 6 weeks after the expected delivery date).

Maternity Leave for Adoptive and Commissioning Mothers:

The amendment Act also extends certain benefits to adoptive mothers. It states that every woman who adopts a child is entitled to 12 weeks of maternity leave from the date of adoption.

Work from Home:

The Amendment Act has introduced a provision for "work from home" for women, which can be utilized after the 26 weeks of leave. Depending on the nature of work, women employees may be able to utilize this benefit based on mutually agreed terms with the employer.

Creche Facility:

The amendment Act mandates a creche facility for every establishment with 50 or more employees. Women employees are allowed to visit the creche up to 4 times during the day.

Employee Awareness:

The Amendment Act requires employers to educate women about the maternity benefits available to them at the time of their appointment.

Note:

Maternity leave is provided with full pay after completing at least 80 days in an establishment in the 12 months prior to the expected delivery date.

For further legal clarifications, you can call or email me.

Dear Madhavi,

Please log in to ESI IP Portal with your insurance number to determine your eligibility for Maternity Benefit. You are eligible for maternity benefit, but the question is whether you are eligible under the ESI Act. Alternatively, the employer will pay 26 weeks' salary as Maternity Benefit subject to eligibility. Please discuss the matter with your employer.

I am unable to understand your statement, "My present days according to ESIC registration number are 59 days."

If the employee is an IP under the ESIC Act, then the pregnancy leave period salary will be paid by the ESIC, and the employer need not pay as the employer is paying the monthly contribution on behalf of the employee.