Maternity Leave Dilemma: What Happens When Income Exceeds ESI Limits?

rajeshmeghwal
Hi,

I need to ask one thing: Is a female worker entitled to any leaves if:

1. Her company is not registered under the Maternity Benefit Act?
2. Her company is registered under ESI, but her income is more than 21000 per month, and therefore, she is not covered under ESI?
3. Can the company still provide maternity leave to her?

Thanks
mohan.kumar551
There is no registration required under the Maternity Benefit Act. The Act is applicable to all employees not covered under the ESI Act. In the case of female employees earning more than Rs. 21,000 per month, benefits under the Maternity Benefit Act are to be extended.

MOHAN KUMAR
mohan.kumar551@gmail.com
Shrikant_pra
If the company employs more than 10 employees, the Maternity Benefit Act will be applicable to it, and all female employees will be entitled to benefits stipulated under the act.
manojkamble
Dear Rajesh Meghwal, please find the reply below:

1. If her company is not registered under the Maternity Benefit Act, there is no registration required. It is compulsory for any company that employs more than 10 employees.

2. If the company is registered under ESI but her income is more than ₹21,000 per month, she may not be covered under ESI.

3. However, the company can still provide maternity leave to her. She is entitled to all benefits under the Maternity Act, including 182 days (26 weeks) of paid leave along with a medical bonus before proceeding on leave.

Thank you.
Bharat Gera
Dear Rajesh,

The company is under obligation to provide maternity benefits if your company, by the number of employees it has, is covered under the Maternity Benefit Act. I would like to emphasize that the employee has the right to claim this benefit from you.

Warm Regards,

Bharat Gera
HR Consultant
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