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vmlakshminarayanan
947

Hi,
Total eligibility is 182 days...so count the start date accordingly. If her Maternity leave starts from 1st June, then June salary to be paid on July. As per Act full salary to be paid.
With regard to your query " what if employee after getting maternity leave payment at monthly basis and denied to join Company ? " - Yes employee may extend leave or at times submit resignation due to ill health. In that she may advised to follow proper exit process.
In some Companies in order to make the employee report back they are paying half month salary every month during Maternity leave period and balance half month salary they will hold and will credit back to her bank account once she report back to duty.

From India, Madras
monika paliwal
29

ok So, 182 days working in last 12 months...
if employee just joined before 6 months (overall duration in establishment is 6 months only) but have full attendance, still she cant avail Maternity leave benefit I think? or she can?
Regards

From India, Delhi
ravi5554
427

Dear Friend,
if she has worked for at least 80 days in the 12 months immediately preceding her expected date of delivery,as you shared inputs she has completed the eligibility so she can avail the MB benefit.

From India, Mumbai
monika paliwal
29

Ravi Sir,
is this 80 days or 180 days in last 12 months?
for example expected date deliver date is in August 2019 and She has joined us in February 2019. She has good attendance till date. now 80 days (or 180 days clause) completed or not?
SO HAVE TO CHECK ON 12 MONTHS BASIS OR TOTAL WORKING DAYS?
i READ MANY WHERE "very woman employee, whether employed directly or through a contractor, who has actually worked in the establishment for a period of at least 80 days during the 12 months immediately preceding the date of her expected delivery, is entitled to receive maternity benefit."
Regards

From India, Delhi
ravi5554
427

Dear Monika, In your case, she is eligible to avail the MB benefit and its 80 days not 180. There is nothing to check its on working days basis.
From India, Mumbai
monika paliwal
29

Sir,Actually I am confused due to Eligibility criteria under ESI..
Which says..
"The ESI scheme provides maternity benefits at the rate of full wage subject to an insured woman’s contribution for at least 80 days in the preceding two consecutive contribution periods."
its look employee has to complete 12 months.
what is 2 consecutive contribution period here?

From India, Delhi
ravi5554
427

Dear Monika,
Under ESIC there is 2 consecutive contribution periods which are
Contribution periods - 1st April to 30th September
1st October to 31st March
The ESI scheme provides maternity benefits at the rate of full wage subject to an insured woman’s contribution for at least 80 days in the preceding two consecutive contribution periods.
Hope its cleared your doubt.

From India, Mumbai
monika paliwal
29

hello,
is this true? if yes then how employer claim it?
"Taking note of several reports which indicated a decrease in the recruitment of women workers owing to an increase in maternity leaves, the government has decided to pay 50 per cent of the salary of 14 weeks to women on maternity leave."

From India, Delhi
ravi5554
427

Dear Monika, If she is covered under ESIC then employer will not pay salary to her, Employee can directly claim from ESIC through submitting related documents to ESIC office.
From India, Mumbai
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