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RupaliS
Dear Mr Kohla,
As per the act I also understand under section 11 there is a provision of two nursing leaves as per prescribed limit till the baby is 15 months .Would like to elaborate on this piece..
How many days mini & max?
Whether it will be paid / unpaid?
Thanks

From India, Hyderabad
radhikaramani
I have joined in an government organization on march 13th as outsourcing employee.And my ESI contribution started from the date of my joining. Now am I eligible to claim maternity benefit as my leave period may start from November 12th.
From India, Hyderabad
Madhu.T.K
4193

Nursing breaks should not be counted as idle time and that should be paid breaks. It is implied otherwise there is no need of such provision.
If it is to be given till the baby attains 15 months means, 15 months from the date of delivery.
For getting maternity benefit from ESI, you should have completed nine months of service. However, if any employee is not eligible for maternity benefit from ESIC, the employer (the company under the rolls of which you are employed and not the government company where you are engaged) should take care of your maternity benefits as per Maternity Benefits Act. Accordingly, if you work for at least 80 days during the 12 months immediately preceding the date of delivery, you will be entitled to leave with pay of 12 weeks which you can avail either at a stretch after delivery or a portion of it (subject to a maximum of 6 weeks) before the date of delivery and remaining after delivery.
Madhu.T.K

From India, Kannur
radhikaramani
Sir,
I have one more doubt.
I have worked in an private organisation from 04-01-2012 to 04-03-2012 and got registered with ESI and paid my contribution for two months. After that on 13th march-2012 I joined in a government office as outsourcing employee and again got registered newly with Esi and paying my contribution from then onwards.Now can I claim maternity benefit from ESI as my date of delivary is expected to be in the last week of november. As I am a outsourcing employee, according to G.O.Rt.No. 4459, Fin. (SMPC) Dept., Dt: 27.12.2006.
relating to outsourcing employees, we are not paid for the maternity leave.
Awaiting for your reply.

From India, Hyderabad
Madhu.T.K
4193

In order to get Maternity benefits from ESIC you have to fulfill two conditions, ie, your delivery should take place during your benefit period and second you should have worked at least for 70 days during the two consecutive contribution periods. In your case since you have joined in January, your benefit period begins on 1st January 2013 only. Therefore, you are not entitled to get maternity benefits from ESI Corporation.
If on rejoining you were allotted a different ESI No. then your eligibility for sickness benefits etc shall also be delayed because your benefit period will commence from that new registration only.
Madhu.T.K

From India, Kannur
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