Dear Seniors,
I am Aathira, working as an HR in the Healthcare Industry from Kerala. I need some clarification about maternity leave. In my organization, some of the staff are not covered under ESI Act because their salary is above 21k. In this case, do we need to provide 26 weeks of maternity leave with full salary? What documents do we need to ask from that employee before they go on maternity leave? Please help me.
From India, Ramankari
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I am Aathira, working as an HR in the Healthcare Industry from Kerala. I need some clarification about maternity leave. In my organization, some of the staff are not covered under ESI Act because their salary is above 21k. In this case, do we need to provide 26 weeks of maternity leave with full salary? What documents do we need to ask from that employee before they go on maternity leave? Please help me.
From India, Ramankari
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The Maternity Benefit Act applies to all establishments employing 10 or more employees, including factories, mines, plantations, government establishments, shops, and establishments under the relevant applicable legislations, or any other establishment as may be notified by the Central Government.
Coverage under the Maternity Benefit Act
First, please ensure that your establishment is covered under the Maternity Benefit Act. If a particular female employee is not covered under the ESI and meets the eligibility criteria for maternity benefits (a woman must have been working as an employee in an establishment for a period of at least 80 days in the past 12 months), the employer is liable to sanction 26 weeks (182 days) of leave with salary.
Documentation Required for Maternity Leave
The employee needs to submit a request letter for Maternity Benefit along with a confirmation certificate/laboratory report confirming her maternity status. Once she reports back to the office after the maternity leave, please collect the delivery certificate for the personal file records.
Thank you.
From India, Madras
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1015Coverage under the Maternity Benefit Act
First, please ensure that your establishment is covered under the Maternity Benefit Act. If a particular female employee is not covered under the ESI and meets the eligibility criteria for maternity benefits (a woman must have been working as an employee in an establishment for a period of at least 80 days in the past 12 months), the employer is liable to sanction 26 weeks (182 days) of leave with salary.
Documentation Required for Maternity Leave
The employee needs to submit a request letter for Maternity Benefit along with a confirmation certificate/laboratory report confirming her maternity status. Once she reports back to the office after the maternity leave, please collect the delivery certificate for the personal file records.
Thank you.
From India, Madras
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Dear Aathira, Healthcare industry in India comprises of hospitals, medical insurance etc. Therefore better be specific while mentioning the type of your establishment.
From India, Salem
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From India, Salem
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Dear Aathira, I appreciate your immediate response with exact detail. Your hospital is an 'establishment' to which the Maternity Benefit Act of 1961 is applicable as per sec. 2(1)(b) of the Act. Therefore, you should provide maternity benefits to those women employees not covered by the ESI Act of 1948 as stated by our learned friend V.M.L. This maternity leave of 26 weeks with salary can be availed of at a stretch from the date of delivery or in two spells of 8 weeks prior to the expected date of delivery and the remaining post-delivery according to the choice of the employee. The employee has to give notice of claim as detailed in sec. 6 of the Act.
From India, Salem
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From India, Salem
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Respected Seniors,
My name is Manju Sharma, and I am the Accounts & HR Manager at Lalji Sarraf Pvt. Ltd. I am the only woman in my company, and I am not covered by the ESI Act due to my salary level. I would like to inquire if I am entitled to maternity leave with full pay from my company. If so, kindly explain which rules govern this benefit in my company.
Thank you.
From India
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My name is Manju Sharma, and I am the Accounts & HR Manager at Lalji Sarraf Pvt. Ltd. I am the only woman in my company, and I am not covered by the ESI Act due to my salary level. I would like to inquire if I am entitled to maternity leave with full pay from my company. If so, kindly explain which rules govern this benefit in my company.
Thank you.
From India
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There is no restriction on statutory maternity benefits for a female employee based on her salary or position of employment. Since you are not covered under the Employees' State Insurance Act, 1948, you are automatically eligible for coverage under the Maternity Benefit Act, 1961. Consequently, you are entitled to receive all maternity benefits as per the provisions of Section 5 of the Act.
From India, Salem
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From India, Salem
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You are very correct in answering the question by Accounts-At-Laljisarraf-Com. The querist mentioned that she is not covered under ESI because her salary exceeds the ESI limit. This implies that her company has more than 10 employees, and therefore, the Maternity Benefit (MB) Act is applicable to her company.
I just thought of mentioning for the benefit of readers that the MB Act is applicable to every shop or establishment in which ten or more persons are employed, and to every factory, mine, or plantation, as well as to every establishment where persons are employed for the exhibition of equestrian, acrobatic, and other performances.
From India, Mumbai
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I just thought of mentioning for the benefit of readers that the MB Act is applicable to every shop or establishment in which ten or more persons are employed, and to every factory, mine, or plantation, as well as to every establishment where persons are employed for the exhibition of equestrian, acrobatic, and other performances.
From India, Mumbai
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Enhancement of Maternity Benefits under the ESI Act,1948.pdf