Can Female Employees in Tamil Nadu Schools Access Maternity Benefits Without ESI Coverage?

Dear Experts, my organization (a private school run by a trust in Tamil Nadu) is covered under the ESI Act. However, many of our female employees are drawing salaries higher than the applicable limit, so they are not covered under ESI. Will these employees still be able to avail benefits from the Maternity Act?

Thank you.

In the case of Kerala, the Kerala Government made the Maternity Benefit applicable to all private educational institutions in the year 2020. In the case of Tamil Nadu, the status is not clear, and you may check with your AEO or DEO, who will provide clarity regarding Tamil Nadu.

Thank you.

Maternity Benefits for Women Employees Exceeding ESI Salary Limit

Every woman employee drawing a monthly salary of more than Rs. 21,000.00 and employed in an establishment to which the ESI Act, 1948 is applicable would be covered by the Maternity Benefit Act, 1961. This is because the establishment automatically comes under the coverage as per the provisions of section 2(1)(b) of the latter.

Since the private school in question is already an 'establishment' under the ESI Act, any woman employee whose monthly salary exceeds the threshold and thus goes out of the coverage of the ESI Act would be eligible to claim all the maternity benefits under the MB Act, 1961.