Dear All, Can you please tell me if a employee is covered in ESI do she is eligible for Maternity Leaves. Thanks Deepika
From India, New Delhi
Acknowledge(0)
Amend(0)
2From India, New Delhi
Acknowledge(0)Amend(0)
Yes, she is. Moreover, the benefits payable to the concerned employee shall be taken care of by the ESIC department itself upon submission of the requisite documents, authenticated by the employer.
From India, Chandigarh
Acknowledge(0)Amend(0)
From India, Chandigarh
Acknowledge(0)Amend(0)
a woman employee covered under ESi Act, cannot claim the benefit under the Maternity Benefit Act 1961. B.Saikumar HR & Labour Law advsior Mumbai
From India, Mumbai
Acknowledge(0)Amend(0)
From India, Mumbai
Acknowledge(0)Amend(0)
of course deepika....... she can claim maternity benefit leave under ESI. Please check with ESI Act 1948..
From India, Coimbatore
Acknowledge(0)Amend(0)
From India, Coimbatore
Acknowledge(0)Amend(0)
Dear B. Saikumar,
I am a woman employee in a construction company. I joined on 28th June 2011 and was confirmed in January 2012. I got married in April 2012, and now I am three months pregnant. Am I eligible to take maternity benefits from the company? What types of benefits can I receive under the Maternity Benefit Act?
Thank you.
From India, Surat
Acknowledge(0)Amend(0)
I am a woman employee in a construction company. I joined on 28th June 2011 and was confirmed in January 2012. I got married in April 2012, and now I am three months pregnant. Am I eligible to take maternity benefits from the company? What types of benefits can I receive under the Maternity Benefit Act?
Thank you.
From India, Surat
Acknowledge(0)Amend(0)
Dear Mr. Yadav, company has not included me under ESIC. so i m no eligible for 'Maternity Leave? let me know. my Designation is - HR Manager. thnks Regards,
From India, Surat
Acknowledge(0)Amend(0)
From India, Surat
Acknowledge(0)Amend(0)
Pratixa,
Even if you are not covered under ESI, you can, irrespective of your designation, claim maternity leave of 12 weeks with wages under the Maternity Benefit Act 1961, of which 6 weeks shall precede the expected date of delivery and 6 weeks thereafter.
B. Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
Acknowledge(0)Amend(0)
Even if you are not covered under ESI, you can, irrespective of your designation, claim maternity leave of 12 weeks with wages under the Maternity Benefit Act 1961, of which 6 weeks shall precede the expected date of delivery and 6 weeks thereafter.
B. Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
Acknowledge(0)Amend(0)
Dear Ms. Desai, Yes you are eligible for maternity leave as already mentioned by Mr. Yadav.Your salary must be above 15000, thats why company has not included you under ESIC. Regards C.M.Mohla
From India, Delhi
Acknowledge(0)Amend(0)
From India, Delhi
Acknowledge(0)Amend(0)
Hi Everyone,
I want to know about the detailed calculations for PF as per the Act plus diversion of contribution towards Pension Fund, ESIC contribution, and challans for ESI benefits ID detail. I would be thankful for the updates.
Regards,
Rahul Rao
From India, Mumbai
Acknowledge(0)Amend(0)
I want to know about the detailed calculations for PF as per the Act plus diversion of contribution towards Pension Fund, ESIC contribution, and challans for ESI benefits ID detail. I would be thankful for the updates.
Regards,
Rahul Rao
From India, Mumbai
Acknowledge(0)Amend(0)
Hi Deepika some one else misleading.Once covered under the ESI WOMAN EMPLOYEE can be eligible for getting MATERNITY BENEFIT
From India, Madras
Acknowledge(0)Amend(0)
From India, Madras
Acknowledge(0)Amend(0)
Dear Mr. B. Saikumar,
I would like to inquire about my wife who is currently employed in a Limited company and is covered under the ESIC scheme. She has recently commenced maternity leave starting from the 1st of September 2012. I am curious to know whether the payment for maternity leave will be disbursed by the company or if we need to seek reimbursement from ESIC. It is important to note that we are not availing any medical treatment through ESIC. Your suggestions on this matter would be greatly appreciated.
Thank you.
From India, Calcutta
Acknowledge(0)Amend(0)
I would like to inquire about my wife who is currently employed in a Limited company and is covered under the ESIC scheme. She has recently commenced maternity leave starting from the 1st of September 2012. I am curious to know whether the payment for maternity leave will be disbursed by the company or if we need to seek reimbursement from ESIC. It is important to note that we are not availing any medical treatment through ESIC. Your suggestions on this matter would be greatly appreciated.
Thank you.
From India, Calcutta
Acknowledge(0)Amend(0)
Dear Deepika If one female employee is convered under ESI act then she is eligible for maternity leaves under ESI not under maternity benefit act 1961. Regards Rajbir
From India, Coimbatore
Acknowledge(0)Amend(0)
From India, Coimbatore
Acknowledge(0)Amend(0)
In my company, as maternity benefits, we do pay 3 months' salary to those who are not covered under ESI. However, we do not have any policy regarding appraisals or increments to be given to them after completion of 1 year. We are preparing a policy on that and need your guidance on the matter.
For example, if ABC has taken maternity leave for the period January to March, and her appraisal falls in April, then her appraisal should be processed in April.
If XYZ has taken maternity leave for the period January to March and subsequently extended the same for 3 months, then what should be done... (please advise)
Seeking your valuable guidance on this.
From India, Mumbai
Acknowledge(0)Amend(0)
For example, if ABC has taken maternity leave for the period January to March, and her appraisal falls in April, then her appraisal should be processed in April.
If XYZ has taken maternity leave for the period January to March and subsequently extended the same for 3 months, then what should be done... (please advise)
Seeking your valuable guidance on this.
From India, Mumbai
Acknowledge(0)Amend(0)
Bantyroy It will be paid by ESIC on submission of claim to the concerned Branch Office of ESIC in Form 19 along with certficate of confinement in Form 18. B.Saikumar HR & labour Law advsior Mumbai
From India, Mumbai
Acknowledge(0)Amend(0)
From India, Mumbai
Acknowledge(0)Amend(0)
Dear All,
A women employee who covers under ESI is eligible to get only maternity leave under Maternity Benefit Act 1961 and Rules made thereunder 6 weeks before delivery and 6 weeks after delivery and also aditional 4 weeks for any miscarriage and two weeks for tubectomy operation.
But a women who are availing the benefit under E.S.I can not get the same benefit under maternity benefit act 1961
i.e leave with wages ( she can eligible to get leave only not wages for that period)
NOTE : MATERNITY BENEFIT FOR CONFINEMENT/PREGNANCY IS PAYABLE FOR THREE MONTHS, WHICH IS EXTENDABLE BY FURTHER ONE MONTH ON MEDICAL ADVICE AT THE RATE OF FULL WAGE SUBJECT TO CONTRIBUTION FOR 70 DAYS IN THE PRECEDING YEAR.
Thanks & Regards
Ashok Kumar Gundla
Asst. Manager - Labour Compliance Management
Metier Advisory Services Pvt. Ltd
(91-9866472745)
From India, Hyderabad
Acknowledge(0)Amend(0)
A women employee who covers under ESI is eligible to get only maternity leave under Maternity Benefit Act 1961 and Rules made thereunder 6 weeks before delivery and 6 weeks after delivery and also aditional 4 weeks for any miscarriage and two weeks for tubectomy operation.
But a women who are availing the benefit under E.S.I can not get the same benefit under maternity benefit act 1961
i.e leave with wages ( she can eligible to get leave only not wages for that period)
NOTE : MATERNITY BENEFIT FOR CONFINEMENT/PREGNANCY IS PAYABLE FOR THREE MONTHS, WHICH IS EXTENDABLE BY FURTHER ONE MONTH ON MEDICAL ADVICE AT THE RATE OF FULL WAGE SUBJECT TO CONTRIBUTION FOR 70 DAYS IN THE PRECEDING YEAR.
Thanks & Regards
Ashok Kumar Gundla
Asst. Manager - Labour Compliance Management
Metier Advisory Services Pvt. Ltd
(91-9866472745)
From India, Hyderabad
Acknowledge(0)Amend(0)
Dear Mr. B. Saikumar,
Thank you for the information. I would like to inquire whether forms no. 19 & 18 should be submitted by the HR department or if we should directly submit them to the ESIC office.
Could you also clarify if the forms are to be submitted after completing the maternity leave or before completing the leaves? Additionally, what is the minimum wage we are entitled to receive?
Thank you.
From India, Calcutta
Acknowledge(0)Amend(0)
Thank you for the information. I would like to inquire whether forms no. 19 & 18 should be submitted by the HR department or if we should directly submit them to the ESIC office.
Could you also clarify if the forms are to be submitted after completing the maternity leave or before completing the leaves? Additionally, what is the minimum wage we are entitled to receive?
Thank you.
From India, Calcutta
Acknowledge(0)Amend(0)
You need to submit to the concerend Branch office of ESIC. B.Saikumar HR & Labour Law Advsior Mumbai
From India, Mumbai
Acknowledge(0)Amend(0)
From India, Mumbai
Acknowledge(0)Amend(0)
Dear all,
Nice discussion.
I have one more query. One of my friends is expecting and this is her 5th month. She is working in a Chemical Laboratory. She is given work in a Fume Hood. She refuses (because chemical fumes are harmful) and requests her seniors to give her lighter work. However, she is being forced to work there.
Is there any clause in the Maternity Act which states that she cannot work in a toxic environment and should be given lighter work?
Also, if she continues to work there and some abnormality occurs during childbirth or the child is born with abnormalities, what legal obligations is the company responsible for?
Please help and guide me.
Regards,
Hansa Vyas
From India, Udaipur
Acknowledge(0)Amend(0)
Nice discussion.
I have one more query. One of my friends is expecting and this is her 5th month. She is working in a Chemical Laboratory. She is given work in a Fume Hood. She refuses (because chemical fumes are harmful) and requests her seniors to give her lighter work. However, she is being forced to work there.
Is there any clause in the Maternity Act which states that she cannot work in a toxic environment and should be given lighter work?
Also, if she continues to work there and some abnormality occurs during childbirth or the child is born with abnormalities, what legal obligations is the company responsible for?
Please help and guide me.
Regards,
Hansa Vyas
From India, Udaipur
Acknowledge(0)Amend(0)
Hi deepika, It does not apply to employees covered by the Employees State Insurance Act, 1948.
From India, Coimbatore
Acknowledge(0)Amend(0)
From India, Coimbatore
Acknowledge(0)Amend(0)
Dear Hansa,
The Maternity Benefit Act prohibits employers from employing a woman employee in any work of hazardous nature that is risky to her pregnancy or the child, as per Section 4 of the Maternity Benefit Act. Please let her make a request in writing.
B. Saikumar HR & Labour Law Advisor Mumbai
From India, Mumbai
Acknowledge(0)Amend(0)
The Maternity Benefit Act prohibits employers from employing a woman employee in any work of hazardous nature that is risky to her pregnancy or the child, as per Section 4 of the Maternity Benefit Act. Please let her make a request in writing.
B. Saikumar HR & Labour Law Advisor Mumbai
From India, Mumbai
Acknowledge(0)Amend(0)Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.
Enhancement of Maternity Benefits under the ESI Act,1948.pdf
Right to payment of maternity benefits.doc