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Maternity benefit when not covered under ESI act - how much should an employer pay to her? - CiteHR

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Satishchandra123
5

Hi all, A woman who is 2 months pregnant gave maternity leave letter to organisation, stating her starting date of absence 22-02-2019.
She submited this letter on 20-02-2019.
She worked for more than 80 working days in previous 12 months.
So how much should an employer pay to her?
She is not covered under ESI act.
Explain in detail.

From India, undefined
Madhu.T.K
3891

I would take it like "When She 'was' two months pregnant she applied for leave from from 22-2-2019"?.
If so, how long was her period of absence? As per law maternity leave cannot be granted for than 8 weeks prior to child birth. She can take the entire 26 weeks after child birth but in no case she can take more than 8 weeks before child birth. In this case you should have given her maternity leave of more than 8 weeks before child birth.

From India, Kannur
Satishchandra123
5

Sir,
In this case,as you mentioned, we can not give more than 8 weeks of maternity leave.
So, if she takes 8 weeks maternity leave before child birth, are we( company ) supposed to pay 8 weeks salary to her.?

From India, undefined
Madhu.T.K
3891

If the company wants to give her PL or any other paid leave you can give. More than 8 weeks before child birth can not be called maternity leave. Normally, it will be marked as unpaid leave.
From India, Kannur
vid28pachpute@gmail.com
Hi all, A woman who is 8 months pregnant gave maternity leave letter to organisation, stating her starting date of absence 01-03-2019.
She is not submited any letter on till day.
She worked for more than 80 working days in previous 21 months.
So how much should an employer pay to her?
She is not covered under ESI act.
After Maternity benefit leave she is not joined our organisation, so what can i procedure?
Explain in detail.

From India, Mumbai
Madhu.T.K
3891

A new story with slight changes in dates by a different author or by the same author with a different name?
I hope our HR persons have lost their analytical and reasoning ability just because they get the solution in their finger tips. use your sense, you will get the answer.

From India, Kannur
Satishchandra123
5

I don’t know who he is sir. I have only one account.
From India, undefined
Madhu.T.K
3891

Then it should be somebody who knows only copy paste work. leave it, let him find the answer from the replies
From India, Kannur
rkn61
584

I agree with Mr.Madhu. New Generation HR professionals, th0ugh have academic brilliance and have a comfortable life style, do not want to apply their mind as well. Because of Technological advancement, they need to put in only little efforts for a solution, unlike in the past, where we had to run from pillar to post for a management problem.
From India, Aizawl
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