Drawing a salary of more than 21000, so not covered under Esic - Can we as employers deny the maternity benefits?

Dear All, One of the employee joined on 1st August 2022 is asking for maternity leaves starting from 1st Nov 2022. She is drawing a salary of more than 21000, so not covered under Esic. Can we as employers deny the benefits? Please advise...

Hi

As per the Act, for eligibility of maternity leave, a woman must have been working as an employee in an establishment for a period of at least 80 days in the past 12 months.

What will happen if we deny to pay her maternity leaves?

She can then go to the labour commissioner and he will file a case against you.
In that case, the it is most likely that the court will order the payment and compensation and that same will be recovered from your company by the government and handed over to the concerned employees, may be along with penalty and interest

What incase if she is present less than 80 days

If she has worked for you for less than 80 days, then she is not eligible for maternity leave.

I was going through the Maternity benefit Act 1961.

The maximum period for which any woman shall be entitled to maternity benefit shall be 26 weeks of which not more than 8 weeks shall precede the date of expected delivery.

I didn't understand about not more than 8 weeks can you please explain.

The total Maternity Benefit is salary to be paid for 26 weeks.
This can be pre and post delivery
But before delivery can not exceed 8 weeks, meaning at least 18 weeks has to be provided post delivery.
Before delivery, if the number of days of leave taken is more than 8 weeks, the rest will be without pay or using accumulated leave.

but the employer can provide more than the legal requirements

Thank you Sir for clearing my doubt.