Navigating Maternity Leave: Can I Apply Two Months After Delivery Due to ESIC Rules?

Hi, I joined on Nov 1st, 2021, in my job. Now I am nine months pregnant. When I applied for maternity leave, it was rejected because my nine-month ESIC contribution is not completed. My delivery date is 28/6/2022. So now my query is, can I apply for maternity leave from August 1st, 2022? This means two months after delivery. Until August, I will take medical leave. Please advise me if I am eligible for maternity leave after two months of delivery.

No, that is not possible. ESIC has rejected your claim because you did not fulfill the required contributory condition of 70 days' contribution in the two contribution periods preceding the expected date of delivery. Your leave does not fall within the benefit period.

Eligibility for Maternity Benefits from the Employer

However, regarding an employee who is unable to receive maternity benefits from the ESIC, she may be eligible to receive them from the employer if she meets the eligibility criteria outlined in the Maternity Benefits Act. This Act specifies that a female employee should have completed 80 days of service in the 12 months prior to the delivery date or expected delivery date.

Clarification on the Qualifying Period

I do have some doubts about the qualifying phrases of "12 months preceding the expected date of delivery." It appears that there is no explicit requirement that one must have worked for 12 continuous months and within that period completed 80 days of work. If this is the case, then you may be entitled to maternity leave paid by your employer.