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ami-shastri
Greetings Experts! Please educate on the question below - If an employee falls under the ESIC Act, how does the maternity Act work?
From India, Ahmedabad
vmlakshminarayanan
941

Hi,
Employee need to claim Maternity Benefit through ESI and it is not mandatory for employer to pay Maternity benefit for those employees.

All female employees earning more than Rs. 21,000 per month (Rs. 25,000 for those with disability)
are eligible for Maternity Leave during the final stages of their pregnancy, at the time of delivery and
convalescence.
1. Female employees are eligible for a total of 182 calendar days, out of which not more than 8
weeks should be prior to delivery.
2. The benefit of Maternity Leave, needs to be taken in one block
3. In case of abortion or miscarriage, the female employee shall on production of such proof as
may be prescribed, be entitled to leave with salary for a period of 6 weeks immediately
following the day of her miscarriage or medical termination of pregnancy. This leave needs to
be taken in one block and cannot be split or used in instalments
4. Maternity Leave should be applied for, before proceeding on leave and should be supported
with the prescription from a medical practitioner.
5. The Employee should inform the Company about the probable date of delivery prior to
proceeding on such leave. Doctor's certificate confirming the date of delivery, should be
submitted to the Company after the employee resumes office.
6. Leave must be applied with Reporting Manager by producing the above mentioned
documents.

From India, Madras
vmlakshminarayanan
941

Hi,
Employee need to claim Maternity Benefit through ESI and it is not mandatory for employer to pay Maternity benefit for those employees.

All female employees earning more than Rs. 21,000 per month (Rs. 25,000 for those with disability)
are eligible for Maternity Leave during the final stages of their pregnancy, at the time of delivery and
convalescence.
1. Female employees are eligible for a total of 182 calendar days, out of which not more than 8
weeks should be prior to delivery.
2. The benefit of Maternity Leave, needs to be taken in one block
3. In case of abortion or miscarriage, the female employee shall on production of such proof as
may be prescribed, be entitled to leave with salary for a period of 6 weeks immediately
following the day of her miscarriage or medical termination of pregnancy. This leave needs to
be taken in one block and cannot be split or used in instalments
4. Maternity Leave should be applied for, before proceeding on leave and should be supported
with the prescription from a medical practitioner.
5. The Employee should inform the Company about the probable date of delivery prior to
proceeding on such leave. Doctor's certificate confirming the date of delivery, should be
submitted to the Company after the employee resumes office.
6. Leave must be applied with Reporting Manager by producing the above mentioned
documents.

From India, Madras
ami-shastri
Thank you so much for prompt response. It would be very greatly appreciated if you could help me with checklist which she needs to document for the her wages.
From India, Ahmedabad
ami-shastri
Thank You for the prompt response.

It would be highly Appreciate if you can help me with checklist that she needs to document for their wages as she is not skilled labor hence behalf of her i need to help her out for the same.

From India, Ahmedabad
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