One of the employees is pregnant and she did not inform a formal leave written or electronic and she took it from day 1 of her confirmation of pregnancy. At that time she mentioned "I took leave for the upcoming 4 months and after that, I came to the office" After 4 months she did not inform me about her leave and has taken it to date.
I insisted she go to ESIC Dispensary Hospital - By now the doctor in ESIC said that you have no contribution this year so she has to contribute at least 78 days. now she is asking for work from home but she has been on leave for the past 6 months on un-informed leave.
now what to do?
From India
1I insisted she go to ESIC Dispensary Hospital - By now the doctor in ESIC said that you have no contribution this year so she has to contribute at least 78 days. now she is asking for work from home but she has been on leave for the past 6 months on un-informed leave.
now what to do?
From India
Hi,
The Maternity Benefit Act 1961 states that a woman should have worked with her employer for at least 80 days in the 12 months preceding the date of her expected delivery. If she fulfils this requirement, then she can utilise this mandated maternity leave and any further leave or benefits that her employer provides her. Please confirm whether the above employee qualify for the maternity leave as stipulated by the MB Act.
As per Maternity Benefit Act women employees can take their maternity leave either before or after they deliver their child. Their maternity leave can also span a period before and after their delivery as well. During this leave period, the woman's employer is required to pay the woman employee her salary in its entirety.
If the employee is a contributing ESI member then Maternity benefit can be availed through ESI. Yes employee is supposed to submit proper request about Maternity leave. If WFH option is feasible you may consider for the same.
From India, Madras
The Maternity Benefit Act 1961 states that a woman should have worked with her employer for at least 80 days in the 12 months preceding the date of her expected delivery. If she fulfils this requirement, then she can utilise this mandated maternity leave and any further leave or benefits that her employer provides her. Please confirm whether the above employee qualify for the maternity leave as stipulated by the MB Act.
As per Maternity Benefit Act women employees can take their maternity leave either before or after they deliver their child. Their maternity leave can also span a period before and after their delivery as well. During this leave period, the woman's employer is required to pay the woman employee her salary in its entirety.
If the employee is a contributing ESI member then Maternity benefit can be availed through ESI. Yes employee is supposed to submit proper request about Maternity leave. If WFH option is feasible you may consider for the same.
From India, Madras
She only worked for 56 days till now for this year.
and she is not informed her leave any formal ways.
I only pushed her to go ESIC hospital
Management is mentioning that she not informed any kind of leave and she is not even mention that she pregnant or not till now, where myself called her for the willingness of work or not.
By that time she mentioned she is pregnant and then only informed her to go to ESIC hospital.
we don't have any WFH nature.
From India
and she is not informed her leave any formal ways.
I only pushed her to go ESIC hospital
Management is mentioning that she not informed any kind of leave and she is not even mention that she pregnant or not till now, where myself called her for the willingness of work or not.
By that time she mentioned she is pregnant and then only informed her to go to ESIC hospital.
we don't have any WFH nature.
From India
It is clear from the facts that the employee is not entitled to maternity benefits as per the MB Act 1961. But, as she has informed you of her pregnancy, she is under the protection of the Act, and it says that a woman employee is protected from discharge or dismissal during the pregnancy period. Her service conditions have to be protected till she returns to duty. Thereafter you may decide on her continuance or not.
From India, Mumbai
From India, Mumbai
Good morning. Members may kindly clarify the following doubts
Woman employees, drawing less than the ceiling limit (currently it is Rs.21000 per month) are covered under ESIC and due to Insured Person 's fault she has become ineligible to get the Maternity Benefit under the ESIC Scheme. Is this situation, makes the employer liable for payment of Maternity Benefit? Similarly another woman I.P. is not interested to go to ESIC and avail Maternity Benefit. In this case also is Employer liable to pay Benefits under Maternity Benefit? Please enlighten on both questions!
From India, Chennai
Woman employees, drawing less than the ceiling limit (currently it is Rs.21000 per month) are covered under ESIC and due to Insured Person 's fault she has become ineligible to get the Maternity Benefit under the ESIC Scheme. Is this situation, makes the employer liable for payment of Maternity Benefit? Similarly another woman I.P. is not interested to go to ESIC and avail Maternity Benefit. In this case also is Employer liable to pay Benefits under Maternity Benefit? Please enlighten on both questions!
From India, Chennai
If the employee is under ESI, then she should get the leave and other benefits from the ESIC only and the employer has no obligation to give her maternity leave. Since the ESIC has refused to stating that she has not contributed for 78 days, you can also disown saying that she has not worked for 80 days in the 12 months preceding the child birth. She should have worked for the entire period prior to 12 months but what is required is 80 days immediately preceding the expected date of delivery. As she has worked only for 56 days refuse to give her leave.
You can keep her on the rolls, as suggested by KK, and see if she returns after leave which shall be unpaid.
From India, Kannur
You can keep her on the rolls, as suggested by KK, and see if she returns after leave which shall be unpaid.
From India, Kannur
This women employee is not entitled for maternity leave neither from employer nor from ESI. The employer is at place to deny the grant of benefit under maternity. Because she had not put minimum working of 80 days. The same is also applied for ESI too.Not eligible under EDI, if her monthly salary cap is above the ESI beneficiary eligibility ₹21000/-. It's a gone case, and this is too for the ignorance of the employee.
The management is free to terminate the employment for such unruly behavior by paying the notice amount. In this case employer didn't do the pre-employment medical check up.
From India, Mumbai
The management is free to terminate the employment for such unruly behavior by paying the notice amount. In this case employer didn't do the pre-employment medical check up.
From India, Mumbai
K S Pasupathi,
In Your case, why s the insured person who is under ESI is not entitled to Maternity benefits from the ESIC is not known. What is her fault? Did nt she approach the medical officer? That can be condoned and even after getting treated at a private hospital she can get leave from ESI if she presents herself with the baby to the medical officer. If the employer had deposited the ESI contributions, then the employer has no liability to extend her maternity benefits by paying salary for six months. Once she has been registered under ESI and contribution paid, the employer is relieved of his responsibilities to pay maternity leave salary.
The other lady who is not interested to get the leave from ESIC can not get it from the employer. The same thing as explained above will apply to her.
You can advise these women that going to ESI hospital is not that cheap as they think. And if they feel that those who go there are poor people, then let them take leave without pay and after 26 weeks come back and join the organisation. Or they can just meet the medical officer and take leave from the ESIC, no need to avail medical benefits, if they don't require it. No way the employer can pay salary in respect of employees covered by ESI.
From India, Kannur
In Your case, why s the insured person who is under ESI is not entitled to Maternity benefits from the ESIC is not known. What is her fault? Did nt she approach the medical officer? That can be condoned and even after getting treated at a private hospital she can get leave from ESI if she presents herself with the baby to the medical officer. If the employer had deposited the ESI contributions, then the employer has no liability to extend her maternity benefits by paying salary for six months. Once she has been registered under ESI and contribution paid, the employer is relieved of his responsibilities to pay maternity leave salary.
The other lady who is not interested to get the leave from ESIC can not get it from the employer. The same thing as explained above will apply to her.
You can advise these women that going to ESI hospital is not that cheap as they think. And if they feel that those who go there are poor people, then let them take leave without pay and after 26 weeks come back and join the organisation. Or they can just meet the medical officer and take leave from the ESIC, no need to avail medical benefits, if they don't require it. No way the employer can pay salary in respect of employees covered by ESI.
From India, Kannur
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Maternity Leave Policy - posting.doc