In our organization, all female employees covered under ESI receive maternity benefits. Can anyone kindly assist me with any scheme or way by which we can provide maternity benefits to those not covered under the act?
From India, Kolkata
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From India, Kolkata
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For females who are not covered under the ESIC Act, they are covered under the Maternity Act.
Eligibility for Maternity Benefits
The crux of the act is: If a female has worked for at least 80 days (continuous service), then she becomes eligible to claim maternity benefits. According to the act, the female is eligible for a paid leave of 12 weeks. Ideally, the 12 weeks consist of 6 weeks prior to delivery and 6 weeks post-delivery; however, firms allow females to adjust the 12 weeks so that they can spend more time after delivery.
In addition to the 12 weeks of paid maternity leave, the female is eligible for one month's additional paid leave if there are complications and illnesses arising from her pregnancy. Once all such leaves are exhausted, the employer may grant leave without pay if the female is unfit to resume her work. The employer is not allowed to terminate the female's employment due to her pregnancy.
Further Resources
You can learn more about the Maternity Act at:
- [Maternity Benefit - Labour Law Consultancy Services](http://www.excelconsultancyservices.co.in/MaternityBenefit.htm)
- [Bihar Government Website](http://bih.nic.in) - *link updated to site homepage*
You can also search on CiteHR for other maternity-related queries. Some of them are:
- [Minimum Duration for Availing Maternity Benefits under Maternity Act](https://www.citehr.com/307158-minimum-duration-availing-maternity-benefits-maternity-act.html)
- [Maternity Benefit for Female Employees Not Covered Under ESIC](https://www.citehr.com/450802-maternity-benefit-female-employees-not-covered-under.html)
- [Framing Maternity Leave Policy for Small Businesses](https://www.citehr.com/286345-framing-maternity-leave-policy-1st-time-small.html)
- [Maternity Leave Benefits and the Role of the Labour Commissioner](https://www.citehr.com/332951-maternity-leave-benefits-labour-commissioner.html)
Regards.
From India, Mumbai
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379Eligibility for Maternity Benefits
The crux of the act is: If a female has worked for at least 80 days (continuous service), then she becomes eligible to claim maternity benefits. According to the act, the female is eligible for a paid leave of 12 weeks. Ideally, the 12 weeks consist of 6 weeks prior to delivery and 6 weeks post-delivery; however, firms allow females to adjust the 12 weeks so that they can spend more time after delivery.
In addition to the 12 weeks of paid maternity leave, the female is eligible for one month's additional paid leave if there are complications and illnesses arising from her pregnancy. Once all such leaves are exhausted, the employer may grant leave without pay if the female is unfit to resume her work. The employer is not allowed to terminate the female's employment due to her pregnancy.
Further Resources
You can learn more about the Maternity Act at:
- [Maternity Benefit - Labour Law Consultancy Services](http://www.excelconsultancyservices.co.in/MaternityBenefit.htm)
- [Bihar Government Website](http://bih.nic.in) - *link updated to site homepage*
You can also search on CiteHR for other maternity-related queries. Some of them are:
- [Minimum Duration for Availing Maternity Benefits under Maternity Act](https://www.citehr.com/307158-minimum-duration-availing-maternity-benefits-maternity-act.html)
- [Maternity Benefit for Female Employees Not Covered Under ESIC](https://www.citehr.com/450802-maternity-benefit-female-employees-not-covered-under.html)
- [Framing Maternity Leave Policy for Small Businesses](https://www.citehr.com/286345-framing-maternity-leave-policy-1st-time-small.html)
- [Maternity Leave Benefits and the Role of the Labour Commissioner](https://www.citehr.com/332951-maternity-leave-benefits-labour-commissioner.html)
Regards.
From India, Mumbai
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Maternity Benefits Act 1961.pdf
Maternity Benefits Under The Maternity Benefits Act 1961.docx