Dear HR Team,
I would like to inquire about the coverage of ESI in my factory, as it is not currently covered due to its location in a village area. If a female employee applies for maternity leave, would she be entitled to the benefits of maternity leave? Please provide confirmation.
Regards,
Lingaraju N
9900067597
lingaraju@ecocarb.co.in
From India, Bangalore
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6I would like to inquire about the coverage of ESI in my factory, as it is not currently covered due to its location in a village area. If a female employee applies for maternity leave, would she be entitled to the benefits of maternity leave? Please provide confirmation.
Regards,
Lingaraju N
9900067597
lingaraju@ecocarb.co.in
From India, Bangalore
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Dear Sir,
If your factories are not covered under ESIC, then first you can go with Comp. Policies or as per the Factory License Act. Your company has to pay for 90 days of paid leave as per the Factory License Act.
Regards,
Jaydeep Chauhan
From India, Ahmedabad
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If your factories are not covered under ESIC, then first you can go with Comp. Policies or as per the Factory License Act. Your company has to pay for 90 days of paid leave as per the Factory License Act.
Regards,
Jaydeep Chauhan
From India, Ahmedabad
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That women will be covered under the Maternity Benefit Act, while others will be covered under the Employee Compensation Act.
Advice: These two acts are costlier than the ESI, so you can approach some other companies in your area to pool employee population and establish an ESI dispensary. Get covered under ESI by writing a letter to the Branch Manager. Not having ESI could prove to be a costly affair for you and other companies.
From India, Hyderabad
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Advice: These two acts are costlier than the ESI, so you can approach some other companies in your area to pool employee population and establish an ESI dispensary. Get covered under ESI by writing a letter to the Branch Manager. Not having ESI could prove to be a costly affair for you and other companies.
From India, Hyderabad
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She is entitled to get Maternity Benefit under Maternity Benefit Act
From India, Mumbai
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From India, Mumbai
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Jayadeep Chouhan, There is no such Act called factories license act.It is Factories Act 1948 which has nothing to do with maternity benefit. Varghese Mathew 9961266966
From India, Thiruvananthapuram
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From India, Thiruvananthapuram
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Hello Professional Friends,
Greetings of the day.
Regarding the ESIC and Maternity leave/facilities, the best course of action based on my experience is as follows:
1. Mr. Ramnarayanhr has provided the right advice. If implementing his suggestion is feasible, please take the necessary steps. Both you and your employees will benefit from this.
2. I previously served as the Factory HR/Manager at a site where ESIC hospital/dispensary facilities were not available. In such cases, I would allocate the company's contribution as a medical allowance to the workers every month.
3. Following Ramnarayan's advice, I attempted to collaborate with other nearby factories and exerted pressure on the ESIC office to establish a dispensary there. Their recommendation was for companies to obtain ESIC registration so that workers could receive treatment from Government Hospitals in their vicinity and later claim the treatment cost with appropriate supporting documents.
4. Maternity leave is mandatory as per Government regulations. If you have female employees on your payroll, the company must provide 90 days of paid leave. Subsequently, unpaid leave may be granted.
I hope I have addressed your queries effectively.
Thanks,
Supriya
From India, Bangalore
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Greetings of the day.
Regarding the ESIC and Maternity leave/facilities, the best course of action based on my experience is as follows:
1. Mr. Ramnarayanhr has provided the right advice. If implementing his suggestion is feasible, please take the necessary steps. Both you and your employees will benefit from this.
2. I previously served as the Factory HR/Manager at a site where ESIC hospital/dispensary facilities were not available. In such cases, I would allocate the company's contribution as a medical allowance to the workers every month.
3. Following Ramnarayan's advice, I attempted to collaborate with other nearby factories and exerted pressure on the ESIC office to establish a dispensary there. Their recommendation was for companies to obtain ESIC registration so that workers could receive treatment from Government Hospitals in their vicinity and later claim the treatment cost with appropriate supporting documents.
4. Maternity leave is mandatory as per Government regulations. If you have female employees on your payroll, the company must provide 90 days of paid leave. Subsequently, unpaid leave may be granted.
I hope I have addressed your queries effectively.
Thanks,
Supriya
From India, Bangalore
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Dear Sir, Yes. She is eligible for maternity leave and benefit as per Maternity Act and you have to pay the benefit. D.Gurumurthy HR & IR Consultant Hyderabad.
From India, Hyderabad
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From India, Hyderabad
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Dear,
When the ESI Act is not applied to any area, female employees are entitled to maternity benefits under this act provided the female employee has worked for 80 days in the factory/establishment.
Gajare M. B. Joint Labour Commissioner (Retd) Consultant Compliance and Industrial Relations Mumbai 9820288300
From India, Mumbai
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When the ESI Act is not applied to any area, female employees are entitled to maternity benefits under this act provided the female employee has worked for 80 days in the factory/establishment.
Gajare M. B. Joint Labour Commissioner (Retd) Consultant Compliance and Industrial Relations Mumbai 9820288300
From India, Mumbai
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Dear Mr. Manohar Gajare,
As per the government rules, maternity leave allowed with pay is 3 months, which is equal to 90 days. One can avail 1.5 months before the delivery and 1.5 months after delivery, and one can adjust as per her health condition.
Please do let me know, as per the Factory/Shop & Establishment Act, is it 80 days? Recently, the government has increased the leave limit. Since you were holding a very senior position, I would be thankful if you could enlighten me.
Thank you and best regards,
Supriya
From India, Bangalore
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As per the government rules, maternity leave allowed with pay is 3 months, which is equal to 90 days. One can avail 1.5 months before the delivery and 1.5 months after delivery, and one can adjust as per her health condition.
Please do let me know, as per the Factory/Shop & Establishment Act, is it 80 days? Recently, the government has increased the leave limit. Since you were holding a very senior position, I would be thankful if you could enlighten me.
Thank you and best regards,
Supriya
From India, Bangalore
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Supriya,
As per MB Act, whether in the case of a factory or commercial establishment, the leave with salary is for 12 weeks - 6 weeks prenatal and 6 weeks postnatal. In addition, 30 days of benefits are eligible for women suffering from sickness arising out of delivery. Government rules are not applicable. If an employer gives more leave, it is his policy.
Varghese Mathew
9961266966
From India, Thiruvananthapuram
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As per MB Act, whether in the case of a factory or commercial establishment, the leave with salary is for 12 weeks - 6 weeks prenatal and 6 weeks postnatal. In addition, 30 days of benefits are eligible for women suffering from sickness arising out of delivery. Government rules are not applicable. If an employer gives more leave, it is his policy.
Varghese Mathew
9961266966
From India, Thiruvananthapuram
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Mr. Matthew,
Thank you for your reply. Yes, you are right... 12 weeks are equal to 3 months; hence, it's almost 90 days. Any company can give more; that will be their policy. An extra 30 days can also be availed by a female worker with proper medical documents.
Therefore, I believe anyone following this discussion has understood that if it is a factory or any other establishment with female workers on their payroll, working 80 days without any break (except for the weekly off) entitles them to Maternity Leave with pay, regardless of the existence of ESIC.
Hope we can conclude the discussion here. Thank you all for participating and sharing your valuable knowledge.
Supriya
From India, Bangalore
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Thank you for your reply. Yes, you are right... 12 weeks are equal to 3 months; hence, it's almost 90 days. Any company can give more; that will be their policy. An extra 30 days can also be availed by a female worker with proper medical documents.
Therefore, I believe anyone following this discussion has understood that if it is a factory or any other establishment with female workers on their payroll, working 80 days without any break (except for the weekly off) entitles them to Maternity Leave with pay, regardless of the existence of ESIC.
Hope we can conclude the discussion here. Thank you all for participating and sharing your valuable knowledge.
Supriya
From India, Bangalore
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Mr. Lingaraju,
You have received all the advice needed on how the leave is to be granted under the Maternity Benefit Act. However, the vital point here is that if your factory is not covered under the ESI, it becomes mandatory for you to cover all your employees under the WCA. Please verify this and ensure that you are not on the wrong side of the law.
Regards,
From India, Chennai
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You have received all the advice needed on how the leave is to be granted under the Maternity Benefit Act. However, the vital point here is that if your factory is not covered under the ESI, it becomes mandatory for you to cover all your employees under the WCA. Please verify this and ensure that you are not on the wrong side of the law.
Regards,
From India, Chennai
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Supriya;
More clarifications. MB Act will be applicable to only women who are not covered under ESI Scheme. Both will not be applicable to a person at a time. EC Act will not be applicable to all employees not covered under ESI. It is applicable only to the employees defined as such under the Act in the employment specified therein. Many employees fall outside this definition.
Varghese Mathew
From India, Thiruvananthapuram
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More clarifications. MB Act will be applicable to only women who are not covered under ESI Scheme. Both will not be applicable to a person at a time. EC Act will not be applicable to all employees not covered under ESI. It is applicable only to the employees defined as such under the Act in the employment specified therein. Many employees fall outside this definition.
Varghese Mathew
From India, Thiruvananthapuram
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Enhancement of Maternity Benefits under the ESI Act,1948.pdf
Maternity Benefit Act - Act Provisions reg.benefits.do cx