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Dear Ms Gracy
First of all please check whether the establishment in which you are employed is in an area which is notified under the ESI Act for coverage under the ESI Act. It may be that the establishment is covered by the ESI Act but the employer is not recovering the ESI contribution from you and also not remitting his contribution under the ESI Act. In such a circumstances you need not worry because, right from day one when an employee to whom the ESI Act is applicable joins an establishment to which the ESI Act is applicable he/she is covered by the ESI Act even though the employer had not recovered her contribution and also not remitted his contribution. Worse still he might not have registered the employee with the ESI. In all such cases the employee is covered by the provisions of the ESI Act and is entitled to get the benefits of the ESI Scheme. To get the benefits of the ESI Act the employee should be an insured worker and an insured worker is one in respect of whom contribution under the ESI Act has been paid or is payable. Further the ESI Act prescribes some length of service in the establishment to get the maternity benefit under this Act. This aspect also has to be checked. If the ESI Act is not applciable to the establishment in which you are employed then the Maternity Benefit Act is applicable. The MB Act is applicable to factories, mines, plantations and shops and establishments in which ten or more persons are employed or were employed on any day of the preceding ten months. Your post does not indicate the nature of the establishment in which you are employed and also the number of persons employed therein. Therefore I am not able to say definitely whether the MB Act is applicable to the establishment in which you are employed. If you could furnish the details of the nature of work done in the establishment as also the number of persons employed and if the number of persons employed is less than ten whether ten persons were employed on any day during the preceding twelve calendar months, then I may be able to offer my views on the issue.
With regards
From India, Madras
First of all please check whether the establishment in which you are employed is in an area which is notified under the ESI Act for coverage under the ESI Act. It may be that the establishment is covered by the ESI Act but the employer is not recovering the ESI contribution from you and also not remitting his contribution under the ESI Act. In such a circumstances you need not worry because, right from day one when an employee to whom the ESI Act is applicable joins an establishment to which the ESI Act is applicable he/she is covered by the ESI Act even though the employer had not recovered her contribution and also not remitted his contribution. Worse still he might not have registered the employee with the ESI. In all such cases the employee is covered by the provisions of the ESI Act and is entitled to get the benefits of the ESI Scheme. To get the benefits of the ESI Act the employee should be an insured worker and an insured worker is one in respect of whom contribution under the ESI Act has been paid or is payable. Further the ESI Act prescribes some length of service in the establishment to get the maternity benefit under this Act. This aspect also has to be checked. If the ESI Act is not applciable to the establishment in which you are employed then the Maternity Benefit Act is applicable. The MB Act is applicable to factories, mines, plantations and shops and establishments in which ten or more persons are employed or were employed on any day of the preceding ten months. Your post does not indicate the nature of the establishment in which you are employed and also the number of persons employed therein. Therefore I am not able to say definitely whether the MB Act is applicable to the establishment in which you are employed. If you could furnish the details of the nature of work done in the establishment as also the number of persons employed and if the number of persons employed is less than ten whether ten persons were employed on any day during the preceding twelve calendar months, then I may be able to offer my views on the issue.
With regards
From India, Madras
Hi,
My wife works for a school .After completing two years contract - they again made her sign a one year new contract and not extension ( so will she not fulfill the criteria of 280 days of work in past one year).
She is due in november. However her school is not clear regarding the benefits she can claim for maternity. They are saying whatever due will be given. There is no ESI or any medical insurance given by the school.
My request to Alphonso and all else would be to let me know as a contract employee of school what benefit she can get.
Regards
A Sincere member
From India, Mumbai
My wife works for a school .After completing two years contract - they again made her sign a one year new contract and not extension ( so will she not fulfill the criteria of 280 days of work in past one year).
She is due in november. However her school is not clear regarding the benefits she can claim for maternity. They are saying whatever due will be given. There is no ESI or any medical insurance given by the school.
My request to Alphonso and all else would be to let me know as a contract employee of school what benefit she can get.
Regards
A Sincere member
From India, Mumbai
Dear all,
Could anyone please help me by sending the maternity leave letter sample.
And also i want to know i am working in a pharmaceutical company for the last one year and i have completed my service in the office for 1 year and 4 months. just before 4 months my employers has given me the ESI and for the past 4 months they are deducting the contribution of ESI.
AS my EDD is just only one month left, now i want to know whether i am eligible for Maternity cash benefit from ESI.
I asked my employer on this for many times but they are saying that i am not eligible for this.
Sonia
From India, Hyderabad
Could anyone please help me by sending the maternity leave letter sample.
And also i want to know i am working in a pharmaceutical company for the last one year and i have completed my service in the office for 1 year and 4 months. just before 4 months my employers has given me the ESI and for the past 4 months they are deducting the contribution of ESI.
AS my EDD is just only one month left, now i want to know whether i am eligible for Maternity cash benefit from ESI.
I asked my employer on this for many times but they are saying that i am not eligible for this.
Sonia
From India, Hyderabad
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