Understanding the Maternity Benefit Act 1961 and ESI Act
The Maternity Benefit Act 1961 has nothing to do with the ESI Act. Both are different. While the Maternity Benefit Act, as the very title indicates, solely deals with maternity-related benefits and is applicable only to women, the ESI Act provides various medical benefits like sickness treatment, temporary and permanent disablement due to employment injuries, medical benefits, and also maternity benefits. It is applicable to both male and female employees. Furthermore, when a woman employee is covered by ESI, she cannot claim any benefit under the Maternity Benefit Act. For your information, a woman employee is entitled to an enhanced maternity benefit of 26 weeks even under the ESI Act.
Regards, B. Saikumar
HR & Labour Relations Adviser
Navi Mumbai