I am working in an MNC for the past 5 years. I received maternity benefits from ESI. Can I get any maternity leave payment from my company? Currently, I am doing the same job in my company, but they have not paid a single penny of maternity benefit. Please clarify.
From India, Bangalore
Acknowledge(0)
Amend(0)
From India, Bangalore
Acknowledge(0)Amend(0)
Understanding ESIC and Company Benefits
If you have taken benefits from ESIC, then how can you receive benefits from the company? According to the company, you may receive some monetary benefits, but not through a legal process. Your absence could be considered as maternity leave by the company. I believe you have received benefits from ESIC, and there is no provision to receive additional benefits from the employer unless they choose to provide it, which is also not in accordance with the law. In conclusion, you may receive a one-sided benefit, not from the employer's side.
Regards
From India, Jhajjar
Acknowledge(0)Amend(0)
6If you have taken benefits from ESIC, then how can you receive benefits from the company? According to the company, you may receive some monetary benefits, but not through a legal process. Your absence could be considered as maternity leave by the company. I believe you have received benefits from ESIC, and there is no provision to receive additional benefits from the employer unless they choose to provide it, which is also not in accordance with the law. In conclusion, you may receive a one-sided benefit, not from the employer's side.
Regards
From India, Jhajjar
Acknowledge(0)Amend(0)
Clarification on Maternity Benefits Under ESI and MB Act
This is to clarify that when a woman employee is receiving benefits under the ESI Act, 1948, she cannot claim any benefits under the Maternity Benefit Act, 1961. Therefore, the management is not required to provide any benefits in such cases under the MB Act, 1961. For more details, you may refer to section 2(2) of the Maternity Benefit Act, 1961.
With Regards,
R.N.Khola
"I am working in an MNC for the past 5 years. I received maternity benefits from ESI. Can I get any maternity leave payment from my company? I am currently in the same job in my company, and they have not paid a single penny of maternity benefit. Please clarify."
From India, Delhi
Acknowledge(0)Amend(0)
This is to clarify that when a woman employee is receiving benefits under the ESI Act, 1948, she cannot claim any benefits under the Maternity Benefit Act, 1961. Therefore, the management is not required to provide any benefits in such cases under the MB Act, 1961. For more details, you may refer to section 2(2) of the Maternity Benefit Act, 1961.
With Regards,
R.N.Khola
"I am working in an MNC for the past 5 years. I received maternity benefits from ESI. Can I get any maternity leave payment from my company? I am currently in the same job in my company, and they have not paid a single penny of maternity benefit. Please clarify."
From India, Delhi
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Maternity Benefit Act - Act Provisions reg.benefits.do cx
Draft Notification dt 6-10-2016 for enhancement of Maternity Benefit to 26 weeks under ESI Act.pdf