Hi, I joined on Nov 1st, 2021 in my job. Now I am 9th-month pregnant. When I applied for maternity leave, it got rejected because my 9-month ESIC contribution is not completed. My delivery date is 28/6/2022. So now my query is, can I apply for maternity leave from August 1st, 2022? This means 2 months after delivery. Until August, I will take medical leave. Please advise me if I am eligible for maternity leave after two months of delivery.
From India, Hyderabad
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From India, Hyderabad
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No, that is not possible. ESIC has rejected your claim because you did not fulfill the required contributory condition of 70 days' contribution in the 2 contribution periods preceding the expected date of delivery. Your leave does not fall within the benefit period. However, regarding an employee who is unable to receive maternity benefits from the ESIC, she may be eligible to receive them from the employer if she meets the eligibility criteria outlined in the Maternity Benefits Act. This Act specifies that a female employee should have completed 80 days of service in the 12 months prior to the delivery date or expected delivery date.
I do have some doubts about the qualifying phrases of "12 months preceding the expected date of delivery." It appears that there is no explicit requirement that one must have worked for 12 continuous months and within that period completed 80 days of work. If this is the case, then you may be entitled to maternity leave paid by your employer.
From India, Kannur
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4475I do have some doubts about the qualifying phrases of "12 months preceding the expected date of delivery." It appears that there is no explicit requirement that one must have worked for 12 continuous months and within that period completed 80 days of work. If this is the case, then you may be entitled to maternity leave paid by your employer.
From India, Kannur
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