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prachis1086
Can anyone help me in knowing if there is any clause in maternity leave benefit act about how many months before taking maternity leave should an employee inform the employer?
From India, Bengaluru
Harsh Kumar Mehta
921

1. Dear member, you have not mentioned as to whether your question relate to claim of maternity benefit under ESI Act, 1948 or under the Maternity Benefit Act, 1961. In case you are not covered under ESI Act, 1961, you can claim said benefit under the Maternity Benefit Act, 1961 provided you are eligible for the same.
2. I think, the procedure to claim benefit under MB Act, 1961 must have been explained in the Rules as framed by the appropriate State Govt. where you are residing. In case you are residing in Karnataka, I hope Maternity Benefit Rules as framed by Karnataka State Govt. will be applicable. For more details, you can get a copy of the same from any law-book shop of the area. So far as I understand, you are required to obtain Medical Certificate on prescribed form (as per said Rules) and submit your application/intimation or notice to your employer on prescribed form. I think, to certify as to from which date a woman is required absentation from work due to confinement/miscarriage etc. is a medical issue and is to be certified by the competent Medical Officer/Medical Practitioner as laid down under said Rules.
3. I think, about all above procedure, you can also confirm the position from concerned HR/HR department of the organisation where you are working.
With best wishes.

From India, Noida
svramana88
8

Dear Friend ‘s, Please find the recent notification released by ESI ON 18/07/17.
From India, Visakhapatnam
Attached Files (Download Requires Membership)
File Type: pdf ESIC Maternity form 18.07.17.pdf (167.3 KB, 1109 views)

Aniket Pathak
94

Its easy employee gets lot of time to inform her employer about this. The only thing she needs to know is the maternity leave is of 26 weeks in ratio of 8/18 . 8 weeks prior to delivery and 18 weeks post delivery. employer needs to be informed about delivery date of the employee say before a month or two before going on leave. some employees may ask for more leave later by working more before delivery date. i.e by taking 6 or 4 week leave prior delivery.
From India, Pune
saps.214
2

Hello Seniors,
May I know if an employee avails her 6 months maternity leave and hen she decides to resign so in this scenario what is the act. Should company accept her resignation or should they recover her maternity leave paid to her.
Also what if employee after availing her 6 months maternity leave applies for PL without attending office.
Do we have any notification or clarity in this case.
Location is Mumbai.
All these cases are not under ESIC act.
Please revert.
Thankyou.

From India, Mumbai
svramana88
8

dear , please read the act carefully.....................
From India, Visakhapatnam
Anonymous
Please inform about Wages Defination of Esic Act
From India, undefined
farhana261291
I am an ESI employee. My husband is working in a nationalised bank and I'm also covered in his insurance policy. My query is, as I'm already covered in other insurance then am I eligible for maternity paid leave benefits or will it be refused for me.
From India, undefined
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