Are Temporary Daily Wage Workers in Factories Eligible for Maternity Benefits?

Dear Experts,

Is a daily wage worker who is currently hired on a temporary basis in a manufacturing unit for the past 1 year eligible for maternity benefits? The company is registered under the Factories Act.

Thanks & Regards.

If the employee in question is not covered under the Employees' State Insurance (ESI) Act, she is eligible for the Maternity Benefit Act, 1961 by virtue of being in employment for the past 1 year. Even employees who are engaged on a daily wage basis are eligible for claiming benefits subject to eligibility.

Dr. Ritu,

Please clarify "currently hired" and "for the past year".

For further clarification on any legal or compliance matters, please email or WhatsApp me.

Thank you for the feedback.

@Sunielmudgil, as per our company policy, an employee shall be confirmed as permanent only after completing 3 years of continuous service.

"Currently hired" and "from the past one year" - at present, her appointment is temporary. She has been associated with us for the past year.

Maternity Benefits Eligibility

Every woman employee, whether employed directly or through a contractor, who has actually worked in the establishment for a period of at least 80 days during the 12 months immediately preceding the date of her expected delivery, is entitled to receive maternity benefits.

For calculating the number of days on which a woman has actually worked during the preceding 12 months, the days on which she has been laid off or was on holidays with wages shall also be counted.

There is neither a wage ceiling for coverage under the Act nor any restriction regarding the type of work a woman is engaged in.

Hi,

Also, for ESI purposes, the qualifying period to avail maternity leave is 70 days.

Anil Raina