Respected seniors,
I am working in a software company. One of my employees is going on maternity leave. She is covered under a mediclaim group policy but does not have ESI benefits.
My question is, how many days will she be eligible for maternity leave, and should I pay her salary while she is on maternity leave? If she had ESI benefits, the salary would be paid by ESIC, but she has exceeded the ESI limit.
Please provide your information.
Venkat
From India, Hyderabad
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6I am working in a software company. One of my employees is going on maternity leave. She is covered under a mediclaim group policy but does not have ESI benefits.
My question is, how many days will she be eligible for maternity leave, and should I pay her salary while she is on maternity leave? If she had ESI benefits, the salary would be paid by ESIC, but she has exceeded the ESI limit.
Please provide your information.
Venkat
From India, Hyderabad
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If a female employee is not covered under the ESI, then by default, she will be covered under the Maternity Benefit Act, 1961. The company has to pay a medical bonus of Rs. 2500/- and provide maternity leave for 12 weeks with full salary. The Mediclaim policy has nothing to do with the statutory obligations of the employer.
Regards,
Kamal
From India, Pune
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Regards,
Kamal
From India, Pune
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Dear Venkat,
As per the provisions of the Maternity Benefit Act, 1961, every woman employee shall be entitled to take maternity benefit at the average daily wage for the period of her actual absence immediately preceding and including the day of her expected delivery and further for the 6 weeks immediately after the delivery of the child. The maximum period any woman is eligible to take leave is 12 weeks. During the leave period, the employee is entitled to receive her salary as usual without any deduction.
If the concerned employee has not availed the benefits of ESI, in this case, she is eligible to claim maternity benefits. The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on the production of proof that the woman employee is pregnant, and the amount needed for the maternity benefit for such a period shall be paid by the employer within 48 hours of the production of proof of the delivery of the child.
Best Regards:
From India, Hyderabad
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As per the provisions of the Maternity Benefit Act, 1961, every woman employee shall be entitled to take maternity benefit at the average daily wage for the period of her actual absence immediately preceding and including the day of her expected delivery and further for the 6 weeks immediately after the delivery of the child. The maximum period any woman is eligible to take leave is 12 weeks. During the leave period, the employee is entitled to receive her salary as usual without any deduction.
If the concerned employee has not availed the benefits of ESI, in this case, she is eligible to claim maternity benefits. The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on the production of proof that the woman employee is pregnant, and the amount needed for the maternity benefit for such a period shall be paid by the employer within 48 hours of the production of proof of the delivery of the child.
Best Regards:
From India, Hyderabad
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Can i know what is ESI? i am still junior. I wish to know more. This is the 1st time i encounter ESI.
From Malaysia, George Town
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From Malaysia, George Town
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Dear Venkat
if there is some illness occurred out of the pregnancy the employee is further entitled to one month's leave with wages on and above 12 weeks period. the Section is reproduced for your reference:
Kamal Kant Tyagi
From India, New Delhi
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if there is some illness occurred out of the pregnancy the employee is further entitled to one month's leave with wages on and above 12 weeks period. the Section is reproduced for your reference:
THE MATERNITY BENEFIT ACT, 1961
10. Leave for illness arising out of pregnancy, delivery, premature birth of child, 1[miscarriage, medical termination of pregnancy or tubectomy operation].—A woman suffering from illness arising out of pregnancy, delivery, premature birth of child 1[miscarriage, medical termination of pregnancy or tubectomy operation] shall, on production of such proof as may be prescribed, be entitled, in addition to the period of absence allowed to her under section 6, or, as the case may be, under section 9, to leave with wages at the rate of maternity benefit for a maximum period of one month.
The Maternity Benefit is to be payable in advance to the employee before proceeding on maternity leave. Kamal Kant Tyagi
From India, New Delhi
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ESI stands for The employee state insurance scheme introduced by the Govt of india for the benefit of employees working in different organizations whether pvt or public.
From India, Allahabad
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From India, Allahabad
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Dear Venkat, Greeting of the day!! Mr.Vikas is saying correct if u need any other clarification then kindly read Maternity act, it will help u lots. With regards, Sameer K Ghosh
From India, Daman
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From India, Daman
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My wife is working in a private company in Gurgaon. She is pregnant, and her expected date of delivery is 24th October 2014. The company where she is employed has more than 10 employees and should fall under providing maternity benefits to her according to Indian laws. However, the company is denying to provide any maternity benefits to her. My wife joined the company on 5th August 2013. Her in-hand salary is Rs. 36,000 per month.
I would like to know whether private companies can make their own rules and laws and not provide maternity benefits at their own discretion. If not, then please suggest a way forward to get maternity benefits.
Looking forward to your reply.
Thank you
From India, Gurgaon
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I would like to know whether private companies can make their own rules and laws and not provide maternity benefits at their own discretion. If not, then please suggest a way forward to get maternity benefits.
Looking forward to your reply.
Thank you
From India, Gurgaon
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Sir,
I suggest that you go through the Maternity Benefit Act, 1961, and the rules framed thereunder. There are certain conditions under which the said Act is applicable to any establishment, and in order to be entitled to maternity benefits, there are also some eligibility conditions.
Statutory laws and rules apply to all coverable units. If you believe that your case is well covered under the above enactment, your wife may take up the matter with the management of the establishment for maternity benefits as per the provisions of the said Act.
From India, Noida
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I suggest that you go through the Maternity Benefit Act, 1961, and the rules framed thereunder. There are certain conditions under which the said Act is applicable to any establishment, and in order to be entitled to maternity benefits, there are also some eligibility conditions.
Statutory laws and rules apply to all coverable units. If you believe that your case is well covered under the above enactment, your wife may take up the matter with the management of the establishment for maternity benefits as per the provisions of the said Act.
From India, Noida
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Dear Harsh,
We have already taken up the case with the management of the company, and they are denying to provide any benefits. I have also confirmed that she is eligible for the same. Should we lodge a complaint with the labor commissioner? Is there a formal procedure for doing so?
Thank you.
From India, Gurgaon
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We have already taken up the case with the management of the company, and they are denying to provide any benefits. I have also confirmed that she is eligible for the same. Should we lodge a complaint with the labor commissioner? Is there a formal procedure for doing so?
Thank you.
From India, Gurgaon
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Sir,
I think the concerned woman employee (your wife) may be working in or around Gurgaon since, as per your particulars, you are Gurgaon-based. Hence, in my opinion, the Maternity Benefit Rules as framed or adopted by the State of Haryana will be applicable. You can get a copy of said Rules locally from any law bookshops. From said Rules, you can ascertain the appropriate authority before which the woman employee can make an application after the cause of action will arise. I think, at present, there is enough time to ascertain all these facts. The cause of action in the case, in my opinion, will arise only after the application as per the prescribed procedure, on the prescribed form, is rejected by the employer, and only thereafter the woman can file any complaint before the appropriate authority. You can also ascertain the appropriate authority under the said Act locally from the Labour Department.
I think the woman employee is required to issue a notice of claim for maternity benefit to the employer as required under section 6 of the Maternity Benefit Act, 1961, at an appropriate date as laid down in said section. I think you can take action suitably.
However, you have not disclosed what plea/arguments on the basis of which the employer wants to reject the claim of the woman employee. You may also examine whether the employer is paying or has paid maternity benefits to other woman employees in the past.
From India, Noida
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I think the concerned woman employee (your wife) may be working in or around Gurgaon since, as per your particulars, you are Gurgaon-based. Hence, in my opinion, the Maternity Benefit Rules as framed or adopted by the State of Haryana will be applicable. You can get a copy of said Rules locally from any law bookshops. From said Rules, you can ascertain the appropriate authority before which the woman employee can make an application after the cause of action will arise. I think, at present, there is enough time to ascertain all these facts. The cause of action in the case, in my opinion, will arise only after the application as per the prescribed procedure, on the prescribed form, is rejected by the employer, and only thereafter the woman can file any complaint before the appropriate authority. You can also ascertain the appropriate authority under the said Act locally from the Labour Department.
I think the woman employee is required to issue a notice of claim for maternity benefit to the employer as required under section 6 of the Maternity Benefit Act, 1961, at an appropriate date as laid down in said section. I think you can take action suitably.
However, you have not disclosed what plea/arguments on the basis of which the employer wants to reject the claim of the woman employee. You may also examine whether the employer is paying or has paid maternity benefits to other woman employees in the past.
From India, Noida
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Maternity Benefit Act - Act Provisions reg.benefits.do cx
Creche under Maternity Benefit Act.pdf