Maternity Benifit - Maternity Leave

Sir,
A women employee joined in 29 nov 2011 and went on leave for delivery on 28april 2012. She is getting salary of Rs. 10,000.00.
- Is she is entittled for maternity benefit under Esic or maternity act.
- How many days the leaves to be given
Thanks

Dear Vishnu,

Considering her salary i.e. Rs. 10000 she comes under the perview of ESI.

Matrnity benefit under ESI:

Maternity Benefit (MB) : Maternity Benefit for confinement/pregnancy is payable for three months, which is extendable by further one month on medical advice at the rate of full wage subject to 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 production of Form 21 and 23.

Miscarriage or Medical Termination of Pregnancy (MTP)-payable for 6 weeks (42 days) from the date following 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 production of Form 24 (B).

Maternity benefit rate is 100% of average daily wages.

Hope able to clarify.

For any further clarification feel free to write or discuss.

for eligibility under esic she need to contributefor atleast 70 days in two consecutive contribution period i.i. one month.
But she is contributing for only one consecutive period

Whether benefit due on Basic + DA or what.
If candidate is getting salary basic, DA and other allowances like HRA, Conveyance, Medical, Education etc.
Many times it is observed, candidate goes on live with medical certificate even from 2/3rd month of pregnancy.
after pregnancy and availing benefit they leave the job. Under such circumstances what to do ?
When employer understand this situation when she starts taking leave / absent on medical ground even before the
6 weeks of delivery, what employer should do ?
Pramod Thakar

First you should study the contribution period and benefit period. If you understand means you can easily do it.
We can take your case.
9 month should be completed and 78 days of contribution by last return of contribution.
She working for last 5 or 6 month so she is not eligible for esi act.
Now we can see what is contribution period and benefit period.
We can take u case.
1. April 11 to September 11 rc
January 12 to June 12 benefit period
2. October 11 to march 11rc
July 12 to Dec 12 benefit period
She have no benefit period . So she is not eligible

Mr. Thilipchand
Benefit period for Contribution period of April 11 to Sep 11 is Jan 12 to June 12 and not July 12
Benefit period starts after three months from the date of completion of Contribution period.
N.LOKANADHA BABU, MANAGER-HR
NRI ACADEMY OF SCIENCES

Dear Mr.Vishnu,
Refer to your query on Maternity Benifit under ESI Act -1948, She comes under the purview of ESI as per salary.According to her date of joining and date of leave for delivery she is eligible for maternity benifit after completion of 9 Months service according to the rules of ESI Act -1948.If you want further clarification ,please contact.
Regards
P.V.Rama Rao.

If she is not coming under ESIC act (due to contribution period). then we can consider her in maternity act as per the act.
Regards
Vishnu Nai