Is My Factory in Uttar Pradesh Liable for Maternity Pay Without ESIC Coverage?

Hi, I would like to know if my factory (in Uttar Pradesh) is covered under the ESIC Act. One of our employees, whose salary is more than Rs. 21,000, is not covered under ESIC and will require maternity leave in the coming months. I would like to understand if the organization is liable to pay her or not, given her lack of ESIC coverage.

If the answer is YES, please guide me on the payment procedure and the salary that needs to be paid.

Thanks

If this female employee is not covered under the ESI Act, 1948, then you are required to grant maternity benefits in accordance with the Maternity Benefit Act, 1961. For more details, you may refer to this Act.

Regards, R N KHOLA

Maternity Benefits Act Coverage

The question of coverage under the Maternity Benefits Act does not apply as your establishment is already under the ESI Act.

If she has been working with you for at least 80 days over a 12-month period, she will have to be given paid leave for 26 weeks, of which she can take a maximum of 8 weeks prior to childbirth. The monthly salary should be equal to the same salary that she was receiving immediately before her leave. The only components that you can exclude are those directly linked to attendance and reimbursements, such as travel and telephone.