Hi, Employees need to claim Maternity Benefit through ESI, and it is not mandatory for the employer to pay maternity benefits for those employees.
Eligibility for Maternity Leave
All female employees earning more than Rs. 21,000 per month (Rs. 25,000 for those with disabilities) are eligible for maternity leave during the final stages of their pregnancy, at the time of delivery, and convalescence.
1. Female employees are eligible for a total of 182 calendar days, out of which not more than 8 weeks should be prior to delivery.
2. The benefit of maternity leave needs to be taken in one block.
3. In case of abortion or miscarriage, the female employee shall, on production of such proof as may be prescribed, be entitled to leave with salary for a period of 6 weeks immediately following the day of her miscarriage or medical termination of pregnancy. This leave needs to be taken in one block and cannot be split or used in installments.
4. Maternity leave should be applied for before proceeding on leave and should be supported with a prescription from a medical practitioner.
5. The employee should inform the company about the probable date of delivery prior to proceeding on such leave. A doctor's certificate confirming the date of delivery should be submitted to the company after the employee resumes office.
6. Leave must be applied with the reporting manager by producing the above-mentioned documents.