Hi, I would like to know if my factory (in Uttar Pradesh) is covered under the ESIC Act. One of our employees, whose salary is more than Rs. 21,000, is not covered under ESIC and will require maternity leave in the coming months. I would like to understand if the organization is liable to pay her or not, given her lack of ESIC coverage.
If the answer is YES, please guide me on the payment procedure and the salary that needs to be paid.
Thanks
From India, Noida
Acknowledge(0)
Amend(0)
If the answer is YES, please guide me on the payment procedure and the salary that needs to be paid.
Thanks
From India, Noida
Acknowledge(0)Amend(0)
Dear Member,
If this female employee is not covered under the ESI Act, 1948, then you are required to grant maternity benefits in accordance with the Maternity Benefit Act, 1961. For more details, you may refer to this Act.
R N KHOLA
From India, Delhi
Acknowledge(0)Amend(0)
422If this female employee is not covered under the ESI Act, 1948, then you are required to grant maternity benefits in accordance with the Maternity Benefit Act, 1961. For more details, you may refer to this Act.
R N KHOLA
From India, Delhi
Acknowledge(0)Amend(0)
The question of coverage of the Maternity Benefits Act does not apply as your establishment is already under the ESI Act.
If she has been working with you for at least 80 days over a 12-month period, she will have to be given paid leave for 26 weeks, of which she can take a maximum of 8 weeks prior to childbirth. The monthly salary should be equal to the same salary that she was getting immediately before her leave. The only components that you can exclude are the components directly linked to attendance and reimbursements, such as travel and telephone.
From India, Kannur
Acknowledge(0)Amend(0)
If she has been working with you for at least 80 days over a 12-month period, she will have to be given paid leave for 26 weeks, of which she can take a maximum of 8 weeks prior to childbirth. The monthly salary should be equal to the same salary that she was getting immediately before her leave. The only components that you can exclude are the components directly linked to attendance and reimbursements, such as travel and telephone.
From India, Kannur
Acknowledge(0)Amend(0)Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.