My wife is in an executive position at a private limited unit. She is not covered under ESIC, but the establishment is covered under ESIC. Will she get maternity benefits as per the Maternity Benefit Act of 1961? If anybody has the answer, please forward it to my email id tusar_70@indiatimes.com.
From India, Delhi
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Dear Tusar,

Is the employer refusing to grant maternity benefits to your wife?

With Regards,
R.N.Khola


From India, Delhi
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If your wife is not covered by ESI, she is entitled to get maternity benefits as per the Maternity Benefits Act, provided she has been in continuous service for at least 80 days during the twelve months immediately preceding her expected date of delivery.

Regards,

Madhu.T.K

From India, Kannur
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Dear Khola & Madhu,

The forum needs support from people like you because most of the institutes are not at all bothered to give ample opportunities to the students to learn about labor laws and their implications.

Thanks a lot to both of you for your excellent and immediate support to the HR colleagues.

Regards,

Kameswarao

From India, Hyderabad
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Dear Mr. Khola, Madhu T.K., Kameswar Rao & Vivek,

Thanks to all of you for the help. The management is telling her to allow only leave without pay. They are not willing to pay the benefit according to the act. But she wants to fight it back to get her right. There are so many instances I had earlier come across where the women do not get the benefit of the act due to lack of knowledge about the act.

Regards, Tusar

From India, Delhi
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See if your wife Gross Salary is more than Rs.10000/month she wont be entitled to this benefit. Only those whose monthly deductions happen can claim this benefit...one need to part of the scheme.
From United Kingdom
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Dear gagan Her salary is more than 10,000/-.In this case do you think MB Act 1961 is not applicable?Or the benefit willbe paid by the employer instead of ESIC? Regards Tusar
From India, Delhi
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Hey Tusar, Your wife is entitle to get maternity Benifit. Asher salary is more than 10,000 per month,so she ESIC is not applicable. I
From India, Pune
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Dear Participants,

The Maternity Act does not specify whether you or your organization are covered under the ESI Act; therefore, you will not receive the benefits solely based on that. All female employees are eligible for these benefits if they have worked a minimum of 80 days in the twelve months preceding the delivery notice. Your wife is 100% eligible for these benefits. Please ask her to speak with the management.

Surendra Verma

From India, Delhi
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hi, frnds.. from 1st may 2010 the ceiling for ESIC is Rs, 15000/- so, kindly do correct it if she wnt get benefits of Meternity benifits according to my knwlgde.
From India, Ahmadabad
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Sorry, Gagan,

You are grossly misinformed, and your advice is totally wrong. There are no deductions towards Maternity Benefits as you have in the case of employees covered under the ESI Act. Also, the Maternity Benefits Act is not a Scheme; it is a Statute. Always validate all information that comes your way, and you will not be caught on the wrong foot.

Best Wishes,
Vasant Nair


From India, Mumbai
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