Hello, I am not covered under ESI scheme because my salary is higher than Rs. 21,000. Will I be entitled to paid Maternity leave? If yes, will I be benefiting from the new rule providing 26 weeks of paid maternity leave.
Thank you.
From India, Bengaluru
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2Thank you.
From India, Bengaluru
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Yes, you will be covered provided you worked for 80 days during the preceding 12 months. However, the amendment was only passed by the Lok Sabha and is yet to come into force as it has not been notified yet. The date from which it becomes enforceable will be known through a gazette notification.
B. Saikumar
HR & Labour Law Advisor
Navi Mumbai
From India, Mumbai
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B. Saikumar
HR & Labour Law Advisor
Navi Mumbai
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There is a difference between maternity benefit and maternity leaves. As per the Maternity Benefit Act, no employee is entitled to maternity leaves; it is at the company's discretion. You are entitled only to the Maternity Benefits.
As rightly said by Mr. Sai Kumar, the bill has been passed in the Lok Sabha, and there is no gazette notification. According to the current act, you are entitled only to 12 weeks. Once the gazette notification is released, there will be more clarity.
From India, Bangalore
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As rightly said by Mr. Sai Kumar, the bill has been passed in the Lok Sabha, and there is no gazette notification. According to the current act, you are entitled only to 12 weeks. Once the gazette notification is released, there will be more clarity.
From India, Bangalore
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(Fact Check Failed/Partial)-The user reply contains inaccuracies. As per the Maternity Benefit Act, all eligible women employees are entitled to 26 weeks of paid maternity leave, not subject to employer discretion. The recent amendment increased the duration from 12 to 26 weeks. Once the amendment is in effect, all eligible employees will benefit from this provision.
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Thanks a lot for the reply. Can the company refuse to provide me paid maternity leave?
From India, Bengaluru
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From India, Bengaluru
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(Fact Checked)-The company cannot refuse to provide paid maternity leave as it is mandated by law for eligible employees, including those not covered under ESI scheme. (1 Acknowledge point)
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Your monthly salary pay by Employer
From India, Delhi
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From India, Delhi
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(Fact Check Failed/Partial)-Your reply needs clarification. To be entitled to maternity leave, your salary doesn't impact coverage under the Maternity Benefit Act, 1961.
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I didn't understand what Jeevarathnam meant by saying, "As per the Maternity Benefit Act, no employee is entitled to Maternity leave. It is the company's discretion. You are entitled only to the Maternity Benefits." It is understood that maternity benefits and maternity leave are different, but the latter is one of the benefits of the former concept. The other benefits include providing only light work, payment of medical bonuses, not dismissing employees, etc. But where is it stated that no employee is entitled to Maternity leave and that granting leaves is the company's prerogative?
Again, the attachment by Sam Verma does not pertain to amending the Maternity Benefit Act but is a notification amending the provisions related to maternity leave in the ESI Rules.
Madhu.T.K
From India, Kannur
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Again, the attachment by Sam Verma does not pertain to amending the Maternity Benefit Act but is a notification amending the provisions related to maternity leave in the ESI Rules.
Madhu.T.K
From India, Kannur
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(Fact Check Failed/Partial)-The statement that employees are not entitled to maternity leave and it's at the company's discretion is inaccurate. The Maternity Benefit Act mandates 26 weeks of maternity leave for eligible employees.
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There are few companies that allow additional maternity leave, which is above and beyond the stipulated leave provided as a maternity benefit. Currently, maternity benefit is for 12 weeks, and companies provide paid maternity leave to take care of employee health and their baby. Anything provided in addition is at the company's discretion and is part of the organization's policy, which is not mandated by the Maternity Benefit Act.
Once the Maternity Benefit Act is amended, even the existing organizational policy may need to be revised in line with the Maternity Benefit Act or to offer better benefits.
From India, Bangalore
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Once the Maternity Benefit Act is amended, even the existing organizational policy may need to be revised in line with the Maternity Benefit Act or to offer better benefits.
From India, Bangalore
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(Fact Check Failed/Partial)-The user reply contains some inaccuracies. The Maternity Benefit (Amendment) Act, 2017 has increased the paid maternity leave to 26 weeks. Employers are mandated to provide this benefit to eligible employees. Additional maternity leave benefits beyond the statutory requirement are at the discretion of the employer.
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But is it not mandatory for the company to provide paid maternity leave to employees regardless of the salary earned?
From India, Bengaluru
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From India, Bengaluru
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(Fact Check Failed/Partial)-The user reply is incorrect. According to the Maternity Benefit Act, 1961, all eligible women employees are entitled to paid maternity leave, regardless of their salary.
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It is mandatory to give paid leave of 12 weeks (with the amendment to 26 weeks) with pay to all eligible women workers (meaning those who have worked for 80 days in the 12 months preceding the date of delivery). It is also mandatory to give 12 weeks of leave to all commissioning mothers and all mothers who adopt a child less than 3 months of age.
Madhu.T.K
From India, Kannur
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Madhu.T.K
From India, Kannur
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(Fact Check Failed/Partial)-The user reply is mostly correct with the information provided on paid maternity leave entitlements. However, the user missed mentioning the requirement of 80 days of work in the 12 months before delivery to be eligible for maternity benefits under the Maternity Benefit Act.
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Reading the discussion above, I realised there are a lot of confusion as regarding the applicability of ESI, Maternity benefits etc. So have tried to address some pertinent questions here by addressing both ESI Rules 1950 and Maternity benefit act 1951.
MATERNITY BENEFIT ACT
Q . Which employees are covered under the act?
A. There is NO definition for employee in maternity Benefits act. The definition is provided for term 'woman ' . In Sec 3(o) “woman” means a woman employed, whether directly or through any agency, for wages in any establishment.” As such all women are covered under the provisions of act provided they have worked for 80 days in the preceding 12 months. To calculate number of days worked , approved leave days and holidays with wages are to be taken into account . (Sec 5(2)
Q) Is there a wage limit for such coverage?
A) No. All women are covered.
Q) What is the quantum of leaves?
A) 12 weeks of which 6 weeks can be before the expected date of delivery.
Q) To which establishments are the act applicable/ any limit in number of persons employed?
A) For factories/mines /plantation/Govt establishment - Even if one person is employed
For shops & commercial establishments - where minimum 10 persons are employed
ESI ACT (only for women covered under the act)
Q) Are all women covered?
A) No, only insured women are covered. The advantage of the women covered under the act is that they don’t have to meet the 80 days criteria in the immediate preceeding 12 months. She has to be an employee for which contributions were paid for 70 days in immediately preceeding two contribution period (12 months) as per ESI Rules 1950 clause 56 “if the contributions in respect of her were payable for not less than seventy days in the immediately preceding two consecutive contribution periods.”
Q. Is there a wage limit for such coverage?
A) Yes. Rs 15,000 till Jan 2017 and Rs 21,000 from now onwards.
Q) What is the quantum of leaves?
A) 26 weeks of which 8 weeks can be before the expected date of delivery.
Q) If I draw a salary above 15,000 but less than 21, 000and consequently got coverage from January 2017 onwards, am I eligible for 12 weeks or 26 weeks maternity leave?
A) 12 weeks only for which you are entitled under ‘Maternity Benefits Act’. ESI maternity benefits will be applicable to you from 2018 January only
From India, Mumbai
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MATERNITY BENEFIT ACT
Q . Which employees are covered under the act?
A. There is NO definition for employee in maternity Benefits act. The definition is provided for term 'woman ' . In Sec 3(o) “woman” means a woman employed, whether directly or through any agency, for wages in any establishment.” As such all women are covered under the provisions of act provided they have worked for 80 days in the preceding 12 months. To calculate number of days worked , approved leave days and holidays with wages are to be taken into account . (Sec 5(2)
Q) Is there a wage limit for such coverage?
A) No. All women are covered.
Q) What is the quantum of leaves?
A) 12 weeks of which 6 weeks can be before the expected date of delivery.
Q) To which establishments are the act applicable/ any limit in number of persons employed?
A) For factories/mines /plantation/Govt establishment - Even if one person is employed
For shops & commercial establishments - where minimum 10 persons are employed
ESI ACT (only for women covered under the act)
Q) Are all women covered?
A) No, only insured women are covered. The advantage of the women covered under the act is that they don’t have to meet the 80 days criteria in the immediate preceeding 12 months. She has to be an employee for which contributions were paid for 70 days in immediately preceeding two contribution period (12 months) as per ESI Rules 1950 clause 56 “if the contributions in respect of her were payable for not less than seventy days in the immediately preceding two consecutive contribution periods.”
Q. Is there a wage limit for such coverage?
A) Yes. Rs 15,000 till Jan 2017 and Rs 21,000 from now onwards.
Q) What is the quantum of leaves?
A) 26 weeks of which 8 weeks can be before the expected date of delivery.
Q) If I draw a salary above 15,000 but less than 21, 000and consequently got coverage from January 2017 onwards, am I eligible for 12 weeks or 26 weeks maternity leave?
A) 12 weeks only for which you are entitled under ‘Maternity Benefits Act’. ESI maternity benefits will be applicable to you from 2018 January only
From India, Mumbai
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(Fact Checked)-The user reply contains accurate information regarding the coverage, entitlements, and provisions under the Maternity Benefit Act and ESI Act. The details provided align with the latest laws and rules. (1 Acknowledge point)
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(Fact Check Failed/Partial)-The reply is partially correct. The Maternity (Amendment) Act, 2017 provides for 26 weeks of maternity leave. The legislation has been in effect since April 1, 2017, and applies to all establishments with 10 or more employees. The requirement of working for 80 days in the preceding 12 months is accurate. However, the information regarding the enforcement of the amendment by the Lok Sabha and the notification process is not entirely accurate. The Act is already in force as of its effective date.