Hi, I have a query. A female worker is working in a factory where ESI is NOT applicable. Her salary is 25000, which exceeds the legal wage ceiling (Rs 21000) for benefits under the ESI Act. In such a scenario, is she eligible for cash benefits by the employer for all the leave taken before and after delivery?

Thanks and Regards,
Muzammil

From Hong Kong, Central District
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yes she is eligible provided she had worked for 80 days before commencement of her leave.
From India, Pune
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If the company's all-inclusive manpower is 10 or more, the Maternity Benefit Act is applicable to it. There is no mention of salary in the act; it is applicable to all female employees. Benefits under ESI and the maternity act are the same.
From India, Mumbai
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