If a lady employee comes under ESIC Act and she is getting benefit through ESIC for her Maternity, Does she still get the benefit from the company As per maternity Act for 3 months paid leave.
From India, Mumbai
Acknowledge(0)
Amend(0)

If a female employee is covered under ESIC, she can avail benefits only through the ESIC department. On the other hand, if she is not covered by ESIC, she can avail benefits only under the Maternity Benefit Act (through the Concerned Company).
From United Arab Emirates, Dubai
Acknowledge(1)
Amend(0)

Dear member,

If a woman is covered under the ESI Act, 1948, and is eligible for the benefits under the said Act, then she is not entitled to maternity benefits under the Maternity Benefit Act, 1961. Please refer to section 61 of the ESI Act, 1948, as well as section 2(2) of the Maternity Benefit Act, 1961.

When the employer has contributed his share of contribution in respect of the said woman employee under the ESI Act, 1948, why should he pay maternity benefits under the Maternity Benefit Act, 1961?

Claiming benefits wrongly will be a violation of the provisions of the ESI Act, 1948. Please see section 84 of the said Act.

From India, Noida
Acknowledge(0)
Amend(0)

CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.







Contact Us Privacy Policy Disclaimer Terms Of Service

All rights reserved @ 2025 CiteHR ®

All Copyright And Trademarks in Posts Held By Respective Owners.