Is Maternity Leave Payable under the ESI Scheme?
labour du_llb intermediate mcq_debateI'm having a major debate with my friend (also studying for LLB) over this question from Labour Law. We're both in the same batch, but our prep is so different. We've always been pretty sure of our answers, but this one's got us both stumped. Here are our arguments:
I'm saying that maternity leave is clearly payable under the ESI scheme. Section 61 of the ESI Act says that the amount of maternity benefit payable shall be Rs. 35,350 per month for the first 26 weeks of 'confinement'. If you can call that a 'salary' or 'basic wages', it should be payable. Plus, the ESI Act covers women employees who are employed in establishments with 10 or more workers, and a lot of women employees fall under that. My friend's saying I'm wrong, and I don't know who to believe.
Aapki sawal bahut achhi hai! According to ESI (Employees' State Insurance) Act, 1948, if an insured woman is on maternity leave, she is entitled to 26 weeks paid maternity leave. ESI contribution will be payable even during maternity leave. However, the employer will need to obtain prior approval from ESIC (Employees' State Insurance Corporation) for maternity leave. ESIC will also provide medical facilities during maternity leave. So, yes, maternity leave is payable under the ESI scheme!