Maternity Benefits / expects for a non ESIC Female employee

Sir,

Please clarify the below-mentioned queries:

1. What are the criteria for maternity leave for a non-ESIC female employee?
2. For how many days can we take maternity leave?
3. From when can we apply for maternity leave?
4. Are these leaves considered as unpaid leave, or is there any amount (if any, please specify) or full salary paid by the employer?
5. Are these leaves only for postnatal leave or divided into prenatal & postnatal periods?
6. What is the criteria for the extension of maternity leave?

Please consider these queries for non-ESIC female employees only. Awaiting your valuable response.

Thanks!

Right to payment of maternity benefit.

Section 5. Right to payment of maternity benefit.- 1*[(1) Subject to the provisions of this Act, every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence, that is to say, the period immediately preceding the day of her delivery, the actual day of her delivery, and any period immediately following that day.]

Explanation: For the purpose of this sub-section, the average daily wage means the average of the woman's wages payable to her for the days on which she has worked during the period of three calendar months immediately preceding the date from which she absents herself on account of maternity, 1*[the minimum rate of wage fixed or revised under the Minimum Wages Act, 1948, or ten rupees, whichever is the highest.]

(2) No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit, for a period of not less than 1*[eighty days] in the twelve months immediately preceding the date of her expected delivery: Maternity Benefits are now available for 26 weeks. Inform the employer in writing, giving medical confirmation, and ask for entitled leave. Leave is taken for a period before and after delivery to ensure care for the employee and the newborn child.

Dear Avs,

In addition to the input of our respected contributor, Mr. Nath Rao Ji, the following is the answer to your query. Any woman who has worked for a minimum of 80 days in the last 12 months in an organization is eligible for a paid maternity leave of 26 weeks. Out of the 26 weeks, she can take a maximum of 8 weeks of prenatal leave. The woman needs to give a written intimation to her employer seeking maternity leave benefits, along with the expected date of delivery.

The leave can be extended for an additional 4 weeks due to sickness arising out of pregnancy; however, the same should be duly supported with medical documents.

Regards,
Rahul Chhabra

If a female employee is covered under ESIC, is the employer liable to pay maternity benefits to the employee?

If ESIC is applicable, then the employer is not liable to give benefits.