Hi,
I am employed with an Shop & Establishment firm and was on maternity leave and I asked my Manager to extend my leave for a month because I have undergone a serious surgery but they neglected it and asked me to resign. I am insured under ESIC from which I was supposed to get my maternity benefit but I am not applicable for it due less no of days condition. I want to know whether I can claim from company as I was informed from ESIC officer that company should provide the benefit.
Please help me out
From India, Thane
I am employed with an Shop & Establishment firm and was on maternity leave and I asked my Manager to extend my leave for a month because I have undergone a serious surgery but they neglected it and asked me to resign. I am insured under ESIC from which I was supposed to get my maternity benefit but I am not applicable for it due less no of days condition. I want to know whether I can claim from company as I was informed from ESIC officer that company should provide the benefit.
Please help me out
From India, Thane
Please confirm your No. of working days in the said company. The condition with ESIC and company does not differ, since you are covered under ESIC all the benefit has to be covered by ESIC only to the best of my knowledge
From India, Ahmadabad
734From India, Ahmadabad
1. Dear member,under the Maternity Benefit Act, 1961 there is condition of minimum number of day's service ( eighty days in the twelve months immediately preceding the date of her expected delibery -Section 5).
2. Under ESI Act, 1948 and rules/regulations framed thereunder also there is contributory condition of "contributions in respectof her were payable for not less than seventy days in the immediately preceding two consequtive contribution periods" (Rule 56).
3. In my opinion, if above contributory conditions are not satisfied, the woman employee will not be entitled for maternity benefit.
From India, Noida
2. Under ESI Act, 1948 and rules/regulations framed thereunder also there is contributory condition of "contributions in respectof her were payable for not less than seventy days in the immediately preceding two consequtive contribution periods" (Rule 56).
3. In my opinion, if above contributory conditions are not satisfied, the woman employee will not be entitled for maternity benefit.
From India, Noida
Once you have satisfied on the information provided by Mr.Mehta approach this ESIC officer and one communication should be sufficient for the company to provide the benefits.....................
If you are covered then you can seek 30 days additional Maternity Benefit if you are suffering from sickness due to pregnancy delivery e.g. due to surgery, as mentioned by you...........
From India, Chandigarh
If you are covered then you can seek 30 days additional Maternity Benefit if you are suffering from sickness due to pregnancy delivery e.g. due to surgery, as mentioned by you...........
From India, Chandigarh
Dear Harsh,
Can you explain me the below clause in detail.
"Eighty days in the twelve months immediately preceding the date of her expected delivery"
Does it mean the employee should have worked minimum 80 days in 12 months and the expected date of delivery should be post 12 months?
From India, Mumbai
Can you explain me the below clause in detail.
"Eighty days in the twelve months immediately preceding the date of her expected delivery"
Does it mean the employee should have worked minimum 80 days in 12 months and the expected date of delivery should be post 12 months?
From India, Mumbai
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Creche under Maternity Benefit Act.pdf
MATERNITY BENEFIT ACT 2009.doc