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The interpretation by your lawyer is genuine. But 80 days working in 12 months period does not mean that she will be entitled to maternity leave once she completes 12 months of service with the company. Quite naturally, if she is already pregnant, why did you appoint her? If given appointment she should be given leave also.
Madhu.T.K

From India, Kannur
Very true Mr Madhu but it is difficult to know the status unless one does medical tests but I feel it is not a practice yet. Thanks Mr Harsh for sharing your opinion. We will surely try to do that .
From India, Mumbai
Dear Sir,
I am working in govt factory on a contract basis from september 2014. My ESI subscription is deducted from October 2014 and now i am a 9months pregnant. Our Employer is telling that i cant avail leave benefit from ESI because i have not completed 9 months of ESI subscription.
please guide me on this issue

From India, Bangalore
Since you have not completed two contribution periods you will not get maternity benefits from ESI Corporation. However, if you have worked for 80 days immediately preceding the date of (or expected date of) delivery, you are entitled to maternity leave and medical bonus from your employer. Section 5A of the Maternity Benefits Act clearly states that a woman employee not qualified to get maternity benefits from the ESI Corporation shall get it from the employer. Therefore, you are entitled to 84 days of paid leave and Rs 5000 as medical bonus as maternity benefit from the factory employer.
Madhu.T.K

From India, Kannur
The medical bonus payable to employee under the Maternity Benefit Act if the employee is not given any pre natal or post natal care by the employer is not Rs 5000 but it is Rs 3500. Thanks to Harsh Kumar Mehta for pointing out the mistake.
Regards,
Madhu.T.K

From India, Kannur
Maternity Benefits under ESI are applicable for all women employees (Permanent employees as well as Probationers ) who have contributed at least 70 days for 2 consecutive contribution periods & all employers are liable to obey & to provide maternity benefits for such women employees.They can avail benefits as per provisions of the Act.
From India, Ludhiana
Hi this is Neelam here and I m 8months pregnant but doctor has suggested me for complete bed rest, can I get the benefit of maternity before and after delivery
From India, Mumbai
Maternity leave is for 12 weeks of which maximum of 6 weeks leave only can be taken before child birth. Madhu.T.K
From India, Kannur
Anonymous
I am 8 months pregnant and planning to go on leave from sept. I am working with my company since last 22 months and insured under ESIC. Now I want to avail the maternity benefit but no idea where to start from.
Can anyone help me with step by step procedure as what needs to be done?

From India, Ghaziabad
1. Dear member, it will be better if you may visit your ESI dispensary and consult the doctor and obtain medical certificate and submit the same to the appropriate Branch Office of ESIC to which you are attached. Please ensure that you have your Pehchan Card issued by the said Branch Office since it will be required by the said ESI Dispensary and ESIC branch to assess your eligibility for the said benefit etc.
2. From the Branch Office or ESI insurance medical officer you can ascertain further procedure to claim the maternity benefit under ESIS.
3. The treatment and certification is provided by the concerned ESI dispensary and the said certificates etc. are required to be submitted to the Branch Office of ESIC in order to claim the cash benefit i.e. maternity benefit. I hope, you will comply with the procedure and will not face any difficulty.

From India, Noida
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