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From India, Pune
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Hello Sirs, If an employee is covered under the ESI act then what are the provisions of Maternity leave?
From India, Delhi
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Dear Ms.Hitaishini If the employee crosses the wage ceiling fixed by the ESI Act, she will be entitled to get the benefit of the Maternity Benefit Act. With regards
From India, Madras
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Dear Mr. V. Harikrishnan,

Query regarding Maternity Benefit: Can an unmarried woman employee who has not worked 80 days during the twelve months immediately preceding the date of her delivery be entitled to receive Maternity Benefits? Yes or No. If yes, Why? If no, why not?

As per Section 5(2) of the said Act, the provision states that "if the woman employee had worked for 80 days during the twelve months immediately preceding the date of her expected delivery."

The Maternity Benefit Act is completely silent on this matter. Please enlighten us.

With regards,
AK Sharma

From India, Mumbai
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Dear Mr. Sharma,

Marital status is not a condition precedent for receiving maternity benefits under the Maternity Benefit Act. An unmarried woman, a divorcee, or a widow can receive maternity benefits under the Maternity Benefit Act if she has worked for 80 days during the twelve months immediately preceding the date of her expected delivery. The answer to your query is based on the MB Act. I am sorry I am not able to say what made the lawmakers include such a provision.

With regards,

From India, Madras
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Dear All what if the employee is not covered under ESIC act ? as our company is located at in zone where ESIC act is not applicable to entire area. Prashant
From India
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Dear Rono,

Greetings!

That was a good explanation from you. But you mentioned the monetary benefit increased to 3500. Is that payable for a month or for the entire leave period of 12 weeks at once?

From India, Visakhapatnam
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I am in the 4th month of pregnancy (16th week). I had taken leave from my office during the entire first trimester. With this, I had exhausted all my sick and privilege leaves. However, because of some medical complications, I had to extend my leave for another month (leave without pay).

Need guidance on the following queries:

1) For the month for which I was on leave without pay, will I be eligible to claim my salary (under the Maternity Act 1961 section 10: Leave for illness arising out of pregnancy)?

2) If I quit my job or am forced to leave, will I be eligible for maternity benefits (Section 5 of the Maternity Act 1961) - eligible for 12 weeks of pay (provided I have worked for a period of not less than 80 days in the twelve months immediately preceding the date of my expected delivery)?

3) I am currently covered under the mediclaim policy provided by my current employer for which I've already paid the premium for the year. In case I discontinue with the job, will I be able to avail the same mediclaim?

From India, Mumbai
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I am a staff nurse, working in the same hospital for the last 3 years. I joined in September 2015, and until March 2018, my salary was $13,500. It has now been increased to $17,000. Am I eligible for maternity leave under ESI?
From India, Bengaluru
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