Maternity Leave Under ESIC: What Benefits Can She Expect?

Dear All,

One lady joined us two months back. She is covered under ESIC. She is asking for Maternity leave now. What are the benefits to her under ESIC? Please comment.

Dear Ash,

My answer was not complete. Under ESI, she can get treatment. She is also eligible for Maternity Benefits for 84 days after completing contributions for the specified period. Kindly check on the specified period.

Siva

The question asked is primarily related to entitlement of Maternity Leave. In this connection, I would like to say that a female employee, whether permanent or contract, even a trainee or casual laborer, is entitled to maternity leave. For details, kindly refer to the Maternity Benefits Act, 1961. For EICS benefits, kindly visit the EICS webpage.

Dear friend,

The employee is eligible for maternity (medical) treatment at the ESI Dispensary (or at an ESI hospital if referred by the dispensary), including medicines and delivery treatment free of cost - upon production of an ESI identity card. However, she is not eligible for monetary benefits payable by ESI for the absence period of 84 days.

Thanks,
P. RAMACHANDRAN

Dear Friend,

Women indulging temporarily in unmarried status are eligible for maternity benefits when they are expecting a child and have worked for their employer for at least 80 days in the 12 months immediately preceding the date of their expected delivery.

Conditions for eligibility of Benefits:

1) Ten weeks before the date of their expected delivery, they may ask the employer to assign them light work for a month. At that time, they should produce a certificate confirming the pregnancy.

2) They should provide written notice to the employer about seven weeks before the date of delivery, stating their absence for six weeks before and after delivery. They should also designate the recipient of payments in case they are unable to collect them personally.

3) They should receive payment for the first six weeks before proceeding on leave.

4) Payment for the six weeks after childbirth will be disbursed within 48 hours of presenting proof of the birth.

5) They are entitled to two nursing breaks of fifteen minutes each during their daily work until their child is fifteen months old.

6) The employer is prohibited from terminating their employment or altering their terms of service while they are on maternity leave.

With Regards,

C. Subramanian

A woman worker covered under the ESI Act is eligible to receive maternity benefits from the ESI Corporation provided she has contributed for at least seventy days during two consecutive contribution periods immediately preceding confinement.

Under the Maternity Benefits Act, a woman worker is eligible for benefits if she has worked for 160 days during the 12 months preceding the date of delivery. The liability of payment of benefits will be on the employer if she is not covered by ESIC.

Regards, Madhu.T.K

Hi all,

Just to add to the query of Ash, there is a friend of mine who works in a company with only 8 staff. She has served the company for 4 years, but the company is not ready to give her Maternity Benefits. According to her company, as ESIC is not deducted from her salary, she is not eligible for Maternity Benefits.

Is the above statement from the company true?

Regards,
Sunita

An organization employing 8 employees is not covered under the ESI, and hence, she will not get benefits from ESIC. Such an organization may not come under the purview of the Maternity Benefit Act also. In order for the Act to be applicable, the establishment should be as specified in Section 2 of the Act.

Regards,
Madhu.T.K