Is My Sister Eligible for Maternity Leave or Child Care Leave at Her New Job?

Respected Sir/Madam,

Last month, my sister received an appointment letter from ESIC Hospital, Kollam, as a Nursing Orderly. Is she eligible for maternity leave? Her child is only one month old, and the authority granted her a one-month extension. During her previous job, she was not an ESIC member. If she is not eligible, can she apply for child care leave?

Kindly assist.

An employee will be eligible for all benefits only after appointment subject to fulfilling conditions. The authority has already extended the joining date by one month considering childbirth. Please ask your sister to report for duty on the specified date and thereafter avail all the facilities and benefits provided therein.

When the child is 1 month old, what is the status of maternity leave now?

Maternity Leave Eligibility

Maternity leave is applicable for female employees who are not covered under the ESI scheme and have worked for more than 80 days in the organization prior to the confirmation of pregnancy. Hence, your sister is not eligible for any type of leave related to this. If she is not comfortable joining after one month, please ask for an extension now.

Previous Employment and Maternity Benefits

As per your communication, she was not covered under ESI and was working with some organization. In these circumstances, why did she not receive maternity benefits from that organization? However, the conclusion is that the new organization is not liable to sanction any leave, even if she joins after one or two months.

Regards, Kamesh

Staff of ESI Hospital is governed by Central Civil Service rules, not by ESI Act or MB Act.