Maternity Leave Pay: Should It Be Full Salary or Just Basic for 26 Weeks?

binita.d@husys.net
As per the new Maternity Benefit Act 2017, during maternity leave, the woman employee has to be paid full salary or basic salary for 26 weeks.
sunielmudgil
Binita,

An employee is entitled to a full salary (basic + DA + HRA + other allowances, etc.). For further information or any other legal/compliance queries, you can call or email me.
thingbaijam
Maternity Benefits Under the ESIC Act

I need your valuable knowledge and guidance regarding my wife's maternity benefits under the ESIC Act.

As per the records:

Registration Date: 10/08/2014
First Date Of Appointment: 28/10/2013

She has been working for the same organization and contributing to ESIC for multiple years until her salary exceeded 15K. There has been no change in her work organization and no employment gap in between.

Due to the change in the ESIC salary slab from January 2017, ESIC contributions started again as shown below:

Current Date of Appointment: 01/01/2017

Wage Period and Employee Contribution (Oct to March 2017)

- January-2017: XXXX.00, 31 days, XXXX.00
- February-2017: XXXX.00, 28 days, XXXX.00
- March-2017: XXXX.00, 24 days, XXXX.00

Wage Period and Employee Contribution (April to Sept 2017)

- April-2017: XXXX.00, 26 days, XXXX.00
- May-2017: XXXX.00, 31 days, XXXX.00
- June-2017: XXXX.00, 30 days, XXXX.00
- July-2017: XXXX.00, 31 days, XXXX.00
- August-2017: XXXX.00, 31 days, XXXX.00
- September-2017: 0.00, 0 days, 0.00 - Under maternity leave for delivery - Leave started...

We had our first baby on 7th Sept 2017, and since then, we have availed the newly amended/approved 26 weeks maternity leave benefit. We visited the ESIC branch as advised by the organization HR, submitted the relevant forms and details. ESIC staff advised us to visit the ESIC branch office after completing the 26 weeks leave. Now, we are informed that we cannot avail the maternity benefit with the salary as the ESIC contributions are not for 9 months.

Could you clarify why my wife is not applicable under the ESIC amended act for the benefits? How is the 9-month ESIC contribution calculated in this case? Are we going to avail the benefits from the current organization for 6 months' salary? What are the correct steps that need to be taken in such a case?

Please guide.
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