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Maternity Leave Eligibility for Non-ESI Employees

Dear Seniors,

Good afternoon to everyone. I am working as a Senior Officer - HR in a reputed organization in Coimbatore. We are providing both ESI & Mediclaim Benefits for our employees based on category. I request your valuable suggestions on the following:

A female employee covered under ESI is eligible for 26 weeks of Maternity Leave. What about a female employee if she is not eligible for ESI (i.e., drawing a gross salary of 21,000/- and above)?

1. Should the company provide Maternity Leave with Salary as per the ESI Act?
2. Should the company provide Leave alone without Salary?
3. Is the company not liable to provide Leave or Salary?

Please provide detailed explanations.

Thanks in advance.

From India, Kochi
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Anonymous
9

The employee has to be paid leave with salary as per the Maternity benefit act and not ESI act. Please go through the latest maternity benefit act in detail. Its available on the net.
From United+States, San+Francisco
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If the women employee does not come under the purview of ESI Act, then the company has to give 26 weeks leave with Salary and/or any other benefits as per the Amended Maternity Benefit Act.,
From India, Ahmadabad
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Dear sir In your case please comply as per Maternity benefit act. She is am employee under M. B Act. New rule is effective from 1.4.17. Regards Pranesh
From India, Bangalore
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Please note that it is not covered under ESI is "applicable" (Entitled). Women Employees not covered under ESI Act come under the purview of The Maternity Benefit Act, 1961, wherein benefits are to be paid by the Employer.

I understand that "Mediclaim" is for Non-ESI Covered Employees. Are mediclaim benefits on par with the benefits payable under The Maternity Benefit Act, 1961? Please check and revert.

From India, New Delhi
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