Maternity Benefits for ESIC Exception Employees: Can Leave Be Taken Anytime or Is It Restricted?

Dear All,

Kindly provide your advice on the following query. Can an ESIC exception employee receive Maternity benefits (21000 PM)?

Is she allowed to take leave for 26 weeks whenever she requires, or is it mandatory to take leave both before and after the 13th week?

Please share any relevant legal amendments.

Thank you.

Dear Vijay, in respect of establishments falling under the simultaneous purview of both the Employees' State Insurance Act, 1948, and the Maternity Benefit Act, 1961, those employees not covered by the former would be entitled to maternity benefits under the latter, irrespective of their employment status or monthly salary.

The entire benefit period of 26 weeks can be availed in a single go or in two spells comprising 8 weeks prior to the expected date of delivery and 18 weeks post-delivery, including the date of delivery, at the option of the employee. The break-up ratio is mandatory if chosen by the employee.

Kindly review Section 5(3) of the MBA, 1961, as amended effective from 01-04-2017.

Thank you.