Maternity Leave Pay: How Much Should Employers Pay When ESI Act Doesn't Apply?

Hi all,

A woman who is 2 months pregnant gave a maternity leave letter to the organization, stating her starting date of absence as 22-02-2019. She submitted this letter on 20-02-2019. She worked for more than 80 working days in the previous 12 months. So, how much should an employer pay her? She is not covered under the ESI Act. Please explain in detail.

Thank you.

I would take it like "When she 'was' two months pregnant, she applied for leave from 22-2-2019?" If so, how long was her period of absence? As per law, maternity leave cannot be granted for more than 8 weeks prior to childbirth. She can take the entire 26 weeks after childbirth, but in no case can she take more than 8 weeks before childbirth. In this case, you should have given her maternity leave of more than 8 weeks before childbirth.

Sir,

In this case, as you mentioned, we cannot give more than 8 weeks of maternity leave. So, if she takes 8 weeks of maternity leave before childbirth, are we (the company) supposed to pay her 8 weeks' salary?

Thank you.

If the company wants to give her PL or any other paid leave, you can provide it. More than 8 weeks before childbirth cannot be considered maternity leave. Normally, it will be designated as unpaid leave.

Hi all,

A woman who is 8 months pregnant gave a maternity leave letter to the organization, stating her starting date of absence as 01-03-2019. However, she has not submitted any letter to date. She worked for more than 80 working days in the previous 21 months.

So, how much should an employer pay her? She is not covered under the ESI Act. After the maternity benefit leave, she did not rejoin our organization. What should be the procedure in this case?

Please explain in detail.