Maternity Benifit - Maternity Leave

Sir,

A female employee joined on 29th Nov 2011 and went on leave for delivery on 28th April 2012. She is receiving a salary of Rs. 10,000.00.

- Is she entitled to maternity benefits under ESIC or the Maternity Act?
- How many days of leave should be given?

Thanks

Dear Vishnu,

Considering her salary, i.e. Rs. 10,000, she comes under the purview of ESI.

Maternity benefit under ESI:

Maternity Benefit (MB): Maternity Benefit for confinement/pregnancy is payable for three months, which is extendable by a further one month on medical advice at the rate of the full wage subject to a contribution for 70 days in the preceding year.

Maternity Benefit is payable to an Insured Woman in the following cases subject to contributory conditions:

- Confinement: payable for a period of 12 weeks (84 days) on the production of Form 21 and 23.
- Miscarriage or Medical Termination of Pregnancy (MTP): payable for 6 weeks (42 days) from the date following the miscarriage on the basis of Form 20 and 23.
- Sickness arising out of Pregnancy, Confinement, Premature birth: payable for a period not exceeding one month on the basis of Forms 8, 10, and 9.
- In the event of the death of the Insured Woman during confinement, leaving behind a child, Maternity Benefit is payable to her nominee on the production of Form 24 (B).

The maternity benefit rate is 100% of the average daily wages.

Hope this clarifies.

For any further clarification, feel free to write or discuss.

For eligibility under ESIC, she needs to contribute for at least 70 days in two consecutive contribution periods, i.e., one month. However, she is only contributing for one consecutive period.

Whether the benefit is due on Basic + DA or not. If a candidate is receiving salary including basic, DA, and other allowances such as HRA, Conveyance, Medical, Education, etc. Many times, it is observed that a candidate goes on leave with a medical certificate even from the 2/3rd month of pregnancy. After pregnancy and availing the benefit, they leave the job. Under such circumstances, what should be done? When the employer understands this situation as she starts taking leave or is absent on medical grounds even before the 6 weeks of delivery, what should the employer do?

Pramod Thakar

First, you should study the contribution period and benefit period. If you understand, it means you can easily do it. We can take your case.
9 months should be completed, and 78 days of contribution by the last return of contribution.
She has been working for the last 5 or 6 months, so she is not eligible for the ESI Act.
Now we can see what the contribution period and benefit period are. We can take your case.
1. April 11 to September 11 - RC
January 12 to June 12 - benefit period
2. October 11 to March 11 - RC
July 12 to Dec 12 - benefit period
She has no benefit period. So, she is not eligible.

Mr. Thilipchand,

The benefit period for the contribution period of April 11 to September 11 is January 12 to June 12, not July 12. The benefit period starts after three months from the completion of the contribution period.

N. Lokanadha Babu
Manager-HR
NRI Academy of Sciences

Dear Mr. Vishnu,

Regarding your query on Maternity Benefit under the ESI Act of 1948, she falls under the purview of ESI based on her salary. According to her date of joining and the date she will be going on maternity leave for delivery, she is eligible for maternity benefits after completing 9 months of service as per the rules of the ESI Act of 1948. If you require further clarification, please do not hesitate to contact me.

Regards,
P.V. Rama Rao.

If she is not covered under the ESIC Act (due to the contribution period), then we can consider her under the Maternity Act as per the legislation.

Regards,
Vishnu Nai