Hi,
Our company is located at Chennai. One female staff joined from 01.12.2010 as Receptionist.
On April 1 2011 she has given leave application for 3 months from April 1 2011 due to preganancy and her expected date of delivery is during first week of April 2011 and proceeded on leave. She is under ESI coverage and her gross salary is Rs.9000/- p.m. Kindly clarify the following since this is the first case of maternity leave we are facing in our company
1. Whether she can claim Maternity benefits under ESI. If so what are the benefits she will be eligible to receive.
2. If she cannot avail benefits from ESI and to be given by the company what are the benefits to be given by the company to her.
3. Can she take 12 weeks maternity leave at a stretch
4. Will the statutory deductions of PF, ESI etc be applicable on the maternity benefits if to be paid by the company.
Regards
erv
From India, Madras
Our company is located at Chennai. One female staff joined from 01.12.2010 as Receptionist.
On April 1 2011 she has given leave application for 3 months from April 1 2011 due to preganancy and her expected date of delivery is during first week of April 2011 and proceeded on leave. She is under ESI coverage and her gross salary is Rs.9000/- p.m. Kindly clarify the following since this is the first case of maternity leave we are facing in our company
1. Whether she can claim Maternity benefits under ESI. If so what are the benefits she will be eligible to receive.
2. If she cannot avail benefits from ESI and to be given by the company what are the benefits to be given by the company to her.
3. Can she take 12 weeks maternity leave at a stretch
4. Will the statutory deductions of PF, ESI etc be applicable on the maternity benefits if to be paid by the company.
Regards
erv
From India, Madras
Dear erv
According to you the employee joined on 1-12-2010. Whether you have recovered the ESI contribution or not the ESI Act is applicable to her. She is entitled to the maternity leave according to the provisions of the ESI Act.
From India, Madras
169According to you the employee joined on 1-12-2010. Whether you have recovered the ESI contribution or not the ESI Act is applicable to her. She is entitled to the maternity leave according to the provisions of the ESI Act.
From India, Madras
If the concerned employee's ESIC contributions are paid for 70 days in the two immediately preceding contribution periods, then she is eligible for maternity benefits under ESIC.
She will be entitled for 12 weeks paid leave.Company is not suppose to pay her salary for these 12 weeks leave as it will be paid by the ESIC.
Regards,
Kamal Prasoon Sinha
From India, Pune
She will be entitled for 12 weeks paid leave.Company is not suppose to pay her salary for these 12 weeks leave as it will be paid by the ESIC.
Regards,
Kamal Prasoon Sinha
From India, Pune
Hi, everyone
i also have one question on maternity leave. suppose if an employees working in an organisation since 15 years and her salary is 20K . in that case will she be able to get Maternity benifits.?
From India, Delhi
i also have one question on maternity leave. suppose if an employees working in an organisation since 15 years and her salary is 20K . in that case will she be able to get Maternity benifits.?
From India, Delhi
Dear Ms.Savita Saini
As the employees salary/wage is more than Rs.15000/- she will not be covered by the provisions of the ESI Act. Therefore for her to get the maternity benefit under the MB Act two conditions are to be fulfilled. The first condition is that the MB Act should be applicable to the organisation in which the employee works
The MB Act is applicable to factories, mines plantations, and establishments in which persons are employed for the exhibition of questrian acrobatic and other performances. The MB Act also applies to shops or establishments within the meaning of any law for the time being in force in relation to shops and establishments in a State. If the organisation in which the employee works is not covered by the above classification please check whether in your State the State Government had applied the provisions of MB Act to that organisation. If the organisation in which the employee works does not come within any of the above three categories then the MB Act is not applicable to the organisation and the employee is not entitled to get the benefits of the Act. The second condition is that the employee whom you are referring to should be a woman. If these two conditions are fulfilled then the employee is entitled to get maternity benefit under the MB Act. There is no salary ceiling.
From India, Madras
As the employees salary/wage is more than Rs.15000/- she will not be covered by the provisions of the ESI Act. Therefore for her to get the maternity benefit under the MB Act two conditions are to be fulfilled. The first condition is that the MB Act should be applicable to the organisation in which the employee works
The MB Act is applicable to factories, mines plantations, and establishments in which persons are employed for the exhibition of questrian acrobatic and other performances. The MB Act also applies to shops or establishments within the meaning of any law for the time being in force in relation to shops and establishments in a State. If the organisation in which the employee works is not covered by the above classification please check whether in your State the State Government had applied the provisions of MB Act to that organisation. If the organisation in which the employee works does not come within any of the above three categories then the MB Act is not applicable to the organisation and the employee is not entitled to get the benefits of the Act. The second condition is that the employee whom you are referring to should be a woman. If these two conditions are fulfilled then the employee is entitled to get maternity benefit under the MB Act. There is no salary ceiling.
From India, Madras
Let me add that she should have worked at least for 80 days during the period of twelve months immediately preceding the expected date of delivery. That means, even if she had been in service for the last 15 years, if she had not worked for 80 days in the last year she may not be eligible to maternity benefits. May I hope, my interpretation of this clause is right?
The first benefit period of an ESI covered woman who joined in insurable employment on 1st December 2010 starts only after 31st August 2011. Therefore, she will not get the benefit of 84 days leave with salary from the ESIC. However, she can get medical benefit which is available to an insured employee from the day one of joining.
Now the question is if the employee is not entitled to maternity leave from ESIC, then will it become the responsibility of the employer to give leave following Maternity Benefit Act? My opinion is that the employer is not bound to give maternity benefits since the employee is covered by ESI. It is immaterial for the employer to know whether or not benefit is available from the ESIC.
We shall be glad if V Harikrishna, the retired Labour Commissioner, would give us a clarification to this point.
Regards,
Madhu.T.K
From India, Kannur
The first benefit period of an ESI covered woman who joined in insurable employment on 1st December 2010 starts only after 31st August 2011. Therefore, she will not get the benefit of 84 days leave with salary from the ESIC. However, she can get medical benefit which is available to an insured employee from the day one of joining.
Now the question is if the employee is not entitled to maternity leave from ESIC, then will it become the responsibility of the employer to give leave following Maternity Benefit Act? My opinion is that the employer is not bound to give maternity benefits since the employee is covered by ESI. It is immaterial for the employer to know whether or not benefit is available from the ESIC.
We shall be glad if V Harikrishna, the retired Labour Commissioner, would give us a clarification to this point.
Regards,
Madhu.T.K
From India, Kannur
DearMr.Madhu
Your views on the employee working for 80 days before the date of expected delivery for getting the benefits of the MB Act is absolutely right. The term "actually worked" has to be interpreted with reference to the explanation to Section 5(2) of the MB Act and the "number of days worked" has to be calculated on that basis. "Not entitled to get the maternity benefit under the ESI Act" is different from "not covered by the ESI Act". If "not entitled to get the maternity benefit under the ESI Act" the possibility is that the woman may be covered by the ESI Act but cannot get the benefit for some legally valid reasons. "Not covered by the ESI Act" means the ESI Act is not applicable to her. If the ESI Act is not applicable, then automatically MB Act applies and the employer is liable. If the ESI Act is applicable to the woman but still if the woman is not entitled to get the maternity benefits probably because she has not worked for 80 days etc., then she cannot get the benefits of the MB Act. Please see section 5B of the MB Act.
From India, Madras
Your views on the employee working for 80 days before the date of expected delivery for getting the benefits of the MB Act is absolutely right. The term "actually worked" has to be interpreted with reference to the explanation to Section 5(2) of the MB Act and the "number of days worked" has to be calculated on that basis. "Not entitled to get the maternity benefit under the ESI Act" is different from "not covered by the ESI Act". If "not entitled to get the maternity benefit under the ESI Act" the possibility is that the woman may be covered by the ESI Act but cannot get the benefit for some legally valid reasons. "Not covered by the ESI Act" means the ESI Act is not applicable to her. If the ESI Act is not applicable, then automatically MB Act applies and the employer is liable. If the ESI Act is applicable to the woman but still if the woman is not entitled to get the maternity benefits probably because she has not worked for 80 days etc., then she cannot get the benefits of the MB Act. Please see section 5B of the MB Act.
From India, Madras
Hi,
I have some doubt on section 5A of MB Act
The section 5A of the The MB Act reads as follows:
5A Continuance of payment of maternity benefit in certain cases. -Every woman entitled to the payment of maternity benefit under this Act shall, notwithstanding the application of the Employees' State Insurance Act, 1948 (34 of 1948), to the factory or other establishment in which she is employed, continue to be so entitled until she becomes qualified to claim maternity benefit under section 50 of that Act.]
In our case the woman joined on 01.12.2010 and she is not entitled to claim Maternity Benefit under ESI Act. Whether she will become qualified to claim maternity benefits from the employer under MB Act as per 5A of MB Act.
Please clear my doubt
Regards
erv
From India, Madras
I have some doubt on section 5A of MB Act
The section 5A of the The MB Act reads as follows:
5A Continuance of payment of maternity benefit in certain cases. -Every woman entitled to the payment of maternity benefit under this Act shall, notwithstanding the application of the Employees' State Insurance Act, 1948 (34 of 1948), to the factory or other establishment in which she is employed, continue to be so entitled until she becomes qualified to claim maternity benefit under section 50 of that Act.]
In our case the woman joined on 01.12.2010 and she is not entitled to claim Maternity Benefit under ESI Act. Whether she will become qualified to claim maternity benefits from the employer under MB Act as per 5A of MB Act.
Please clear my doubt
Regards
erv
From India, Madras
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Maternity Leave Policy - posting.doc