• Esic maternity leave & income

I have joined an organisation Bot Ltd firm on 1st Apr 2017 and then got to know that I am pregnant. My confinement date is 22nd December 2017. I am on leave from 20th dec 2017. Will i be eligible for the maternity leave with wages after my 26 weeks leave. If yes what will be the income benefit? My gross salary was 20000 per month. Also as per the Esi form it was mentioned that one had to complete 9 months with the organisation to be eligible for the benefit. Pls put some lift on the above.
Asked 4 years ago in Labour

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8 Answers


Woman employee should have minimum 80 working days to her credit in last 12 months counting from start of maternity leave to be eligible for maternity benefits in that organization. This law also stipulates that all working women are entitled for minimum 12 weeks of maternity leave. And at most 6 weeks may be taken before the day of delivery.

Section 5 of the Maternity Benefit Act provides as follow:

5. Right to payment of maternity benefit. -- (1) Subject to the provisions of this Act, every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence immediately preceding and including the day of her delivery and for the six weeks

immediately following that day.


Anilesh Tewari
Advocate, New Delhi
17870 Answers
338 Consultations

5.0 on 5.0

As per new amended Maternity Benefits Amendment Act 2017 you can avail benefits upto 26 weeks. You can avail 8 weeks before due date of delivery and rest 18 weeks after delivery. If you have delivered two children earlier the benefit is upto 12 weeks only.

Prashant Nayak
Advocate, Mumbai
24476 Answers
52 Consultations

4.4 on 5.0

The maternity leave with payment will be allowed as per the latest amendment in the maternity leave rules for the working ladies.

So you will be getting your full pay during the maternity leave and ESI benefits for your medical requirement during the pregnancy and pre and post delivery including to the child.

Vimlesh Prasad Mishra
Advocate, Lucknow
6829 Answers
23 Consultations

4.9 on 5.0

Hi, for eligibility of maternity benefits, you should have worked at least 80 days in that organization. You will get 26 weeks off. Maximum you can 8 weeks off pre delivery and rest post delivery. As you mentioned you are covered under ESI , you will get 26 weeks off along with rumeration.

Manisha Navlani
Advocate, New Delhi
6 Answers

4.0 on 5.0

Respected mam...

You are entitle to her wages during the three month period immediately before her maternity leave starts. The company will pay the full wages and not just the basic salary. Wages for Maternity Benefit includes DA, HRA ,other cash allowances,incentive bonus,money value of concessional supply of articles. But it does not includes following:

1) any bonus other than incentive bonus

2) overtime earnings & any deduction or payment on a/c of fines

3) any contirbution paid or payable by the employer to any pension fund or provident fund or for the benefit of the woman under any law for the time being in force and

4) any gratuity payable on ther termination of service....


Dinesh Sharawat
Advocate, Delhi
1250 Answers
12 Consultations

4.9 on 5.0

Dear Client,

Eligibility criteria for maternity benefit under the MB Act - woman has worked for at least 80 days in the 12 months immediately preceding her expected date of delivery i.e. full paid absence from work.

ESI - For entitlement to maternity benefit, the insured woman should have contributed for not less than seventy days in the immediately preceding two consecutive contribution periods prior to actual or expected date of confinement as the case may be.

Employee covered under the Employee State Insurance Act (ESI Act) (i.e. employees earning not more than INR 21,000 per month), maternity benefits have to be financed by the employer.

Confinement-payable for a period of 12 weeks (84 days) on production of Form 21 and 23

AND increased maternity leave can only be availed if the actual or expected date of delivery was on or after 20 January 2017.

Best of Luck.

Yogendra Singh Rajawat
Advocate, Jaipur
21442 Answers
31 Consultations

4.4 on 5.0

Following enactment of the Maternity Benefit (Amendment) Act, 2017 ("Maternity Amendment Act") on March 27, 2017, the law also with this development, maternity leave to be offered by private employers in India has been brought at par with that of government employees in India.

The latest amendment also allows women to work from home in certain cases and requires employers to inform female employees at the time of their joining about maternity benefits available to them.

Also entitles female employees in Covered Establishments to receive maternity benefits if they have worked with the employer for at least 80 days in the 12 months immediately preceding the date of expected delivery ("Eligible Employee").

In addition to the Maternity Act, certain other labour laws in India also provide for maternity benefits. The ESI Act provides for payment of wages to an insured woman, during her 26 week maternity leave.

T Kalaiselvan
Advocate, Vellore
74484 Answers
1226 Consultations

5.0 on 5.0


As you said 09 months service is required to avail the benefit, but in certain circumstances the criteria may be relaxed too.

Ganesh Singh
Advocate, New Delhi
6629 Answers
16 Consultations

4.5 on 5.0

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