Maternity Leave Confusion: Should We Pay Full Leave for Non-ESI Employees?

Hi All,

I am working as a Senior HR Generalist in a private organization. We are following statutory policies like PF & ESI. We have a maternity policy and provide a 6-month leave facility to all our employees. However, this leave is unpaid if they are not covered under ESI.

We would like to understand the actual policy regarding whether the leave should be fully paid for those not covered under ESI. Could you please provide more details on this?

Kindly suggest additional information regarding this matter.

Thank you.

My dear friend,

As you are a Senior HR professional, I believe that reviewing sections 5, 5-A, 5-B, and 10 of the Maternity Benefit Act, 1961 would greatly assist you in formulating a comprehensive Maternity Leave Policy that aligns with the provisions of the Act for employees who are not covered under the ESI Act, 1948.

Please be clear that maternity leave means fully paid leave, and there is no scope for entertaining any doubts about it.

You should give 6 months of maternity leave with salary if they are not covered under ESIC, as per the government enactment.

Hi,

With regards to the above question, if the employee is covered under ESIC, will it be maternity leave with full salary?

Maternity leave under ESI is with full pay. Entertain no doubt about it.

Maternity Benefits

Reference to this link and the latest amendment for the maternity leave period will be of great use. HR people need to be fully conversant with the provisions.