Rono900
Find definitive answers on Industrial Relations and labour issues on Asklabourproblem.info
From India, Pune
ranjit990
3

Hello Sirs, If an employee is covered under the ESI act then what are the provisions of Maternity leave?
From India, Delhi
v.harikrishnan
169

Dear Ms.Hitaishini If the employee crosses the wage ceiling fixed by the ESI Act, she will be entitled to get the benefit of the Maternity Benefit Act. With regards
From India, Madras
anilrsv sharma
4

Dear Mr. V.Harikrishnan
Query regarding Maternity Benefit
Can an unmarried woman employee who has not worked 80 days during the twelve months immediately preceding the date of her delivery is entitled to get Maternity Benefits ?
Yes or No . If yes , Why ?
If no , why not ?
As per Section 5(2) of the said Act, the provision is that " if the woman employee had worked for 80 days during the twelve months immediately preceding the date of her expected deleivery".

The MB Act is total silent on this .
Pls enelighten us
With regards,
AK Sharma

From India, Mumbai
v.harikrishnan
169

Dear Mr.Sharma
Marital status is not a condition precedent for getting the maternity benefit under the Maternity Benefit Act.
An unmarried woman or a divorcee or a widow can get maternity benefit under the Maternity Benefit Act if she has worked for 80 days during the twelve months immediately preceding the date of her expected delivery. The answer to your query is based on the MB Act. I am sorry I am not able to say what made the law makers to have such a provision.
With regards

From India, Madras
rajmore22
24

Dear All what if the employee is not covered under ESIC act ? as our company is located at in zone where ESIC act is not applicable to entire area. Prashant
From India
rajaramesh_16
5

Dear Rono
Greetings!!!!!!!
that was a good explanation from u .....bt u stated about the monetary benefit increased to 3500. is that payable for a month or for the entire leave period of 12 weeks at once??????

From India, Visakhapatnam
saggi27
I am in the 4th month of pregnancy (16th week). I had taken leave from my office during the entire first trimester. With this I had exhausted all my sick and privilege leaves. However, becuase of some medical complication I had tro extend my leave for another month (leave without pay).

Need guidance on following queries:

1) for the month for which I was on leave without pay, will I be eligible to claim my salary (under maternity act 1961 section 10: Leave for illness arising out of pregnancy) ?

2) If I quit my job or am forced to leave, will I be eligible for maternity benefits (section 5 of maternity act 1961) - eligible for 12 weeks of pay (provided I have worked for a period of not less than 80 days in the twelve months immediately preceding the date of my expected delivery)

3) I am currently covered under the mediclaim policy provided by my current employer for which I\'ve already paid the premium for the year. In case I discontinue with the job, will I be able to avail the same mediclaim?

From India, Mumbai
Cathereen
I am a staff nurse..working last 3 years in same hospital..I have joined 2015 September.Till 2018 March my salary was 13500..Now it's increased to 17000 . whether am I eligible for Maternity leave under ESI???
From India, Bengaluru
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