Maternity benefit - One of our female employees is not not covered under ESIC

One of our female employees is not not covered under ESIC.
She will get her wages for the maternity leave period directly from the employer; hence, all statutory contributions, including EPF or ESIC, need to be paid by the employer.

Please confirm this act of employer is statutory or voluntary.
Means could an employer deny the employee from providing maternity benefits like paid leaves and reimbursement of maternity claims.

Hi Pragya,
Maternity benefits are statutory as per provisions of Maternity Benefit Act, 1961.
For eligibility, a female employee should work for at least 80 days in previous 12 months before the expected date of delivery.
Yes, "She will get her wages for maternity leave period directly from the employer hence all statutory contributions including EPF or ESIC needs to be paid by the employer".
Here she will be eligible for paid leaves of 26 weeks and the rate of wages will be average of previous 3 months from the beginning of maternity leaves.

For your last question, an employer CAN'T deny the employee from providing maternity benefits like paid leaves and reimbursement of maternity claims it as If any employer contravenes the provisions of this Act or the rules made thereunder he shall be punishable with imprisonment which may extend to three months, or with fine which may extend to five hundred rupees, or with both.
Hope it will help you.

Best Regards,
Vijay Singh Raghav

Hi,

If the Employer is covered under Maternity Benefit Act then sanction 182 days leave with salary is compulsory. Maternity Benefit is statutory and Employer can't deny it. If employee is covered under ESI she can claim through ESI.

With regard to "reimbursement of maternity claims" the obligation of the Employer is limited to sanctioning 182 days leave only and there is no need to reimburse maternity hospital bills. However if the Employer is offering free mediclaim insurance the employee should be allowed to use it for her delivery expenses.