Anonymous
190

One of our lady employee is going to resign in the month of April 2018, her month of expected delivery is sept 2018, she has been paying ESIC contribution from last 2 years. My question is.... Can she avail maternity benefit after her resignation - if yes - what maternity benefits she will get?
From India, Hyderabad
Madhu.T.K
4249

In order to get maternity benefit in the form of paid leave, I think she should be an employee at the time of availing the leave. If she resigns in April, she will not come under the definition of employee when her delivery takes place. However, she will continue to get medical benefits till the benefit period ends, ie, 31st December, 2018.
I would like Shri Harsh Kumar Mehta to give his expert opinion on this issue.

From India, Kannur
prudhvi-r-kolluru
31

An employee should be in service at least 80 days before the maternity applicable, in this case she is not eligible to apply for maternity.
From India, Hyderabad
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