DOES ESIC PAY SALARY OF FEMALE WHO TAKE MATERNITY LEAVE

IS ESIC LIABLE TO PAY FOR THE DAYS THAT A FEMALE IS NOT ABLE TO WORK DUE TO THE PREGNANCY.

IF YES THEN WHY?

ESIC COVERS OR IS ELIGIBLE FOR PAYING THE FEMALE THE SALARY FOR THE DAY SHE IS UNABLE TO WORK DUE TO WORK,THEN ON WHAT GROUNDS. BECAUSE ESIC PAYS SALARY TO THE EMPLOYEE ONLY IF THE EMPLOYEE IS NOT ABLE TO WORK DUE TO SOME SICKNESS OR ACCIDENT.

IF ESIC IS PAYING THE SALARY TO A FEMALE EMPLOYEE FOR THE DAYS SHE HAS NOT WORKED DUE TO PREGNANCY THAN THAT MEANS ESIC TREATS PREGNANCY IS EITHER A SICKNESS,ILLNESS OR AN ACCIDENT!!!!!!!!!.

KINDLY HELP ME IN FINDING ANSWER TO ABOVE QUESTION



DEAR FRIENDS

THANKS FOR YOUR VALUABLE INPUT. BUT THERE IS ONE MORE TWIST TO THIS ISSUE. WHAT PREVAILS OVER OTHER ?
IS IT MATERNITY BENEFIT OR IS IT ESIC.
AND IF ITS THE MATERNITY BENEFIT THAN EMPLOYER PAYS AND IF ITS ESIC BENEFIT THEN THE ESIC PAYS.

BUT WHY SHOULD ESIC PAY BECAUSE,
ESIC IS ELIGIBLE, BECAUSE PREGNANCY IS NEITHER ILLNESS NOR A SICKNESS NOR CAN IT BE CONSIDERED AS ACCIDENT.

THE PROBLEM IS I MYSELF IS A LAWYER, AND FEEL THAT THE EMPLOYER IS LIABLE TO PAY FOR AND NOT ESIC. AFTER TOUGH ARGUMENT MY MANAGEMENT. MY MANAGEMENT DISAGREED WITH MY VIEWS.

AS OF NOW THE ESIC IS PAYING THE PREGNANT FEMALE EMPLOYEE OF THE COMPANY,BUT THIS CAN BE QUESTIONED LATER AND THAT TIME THE COMPANY MAY ALSO BE HELD PARTY FOR THIS KIND OF LAPSE IN KNOWING LAW OF THE LAND

PLEASE PROVIDE YOUR INPUT,THIS IS VERY INTERESTING QUESTION AS THIS KIND OF QUESTION WILL VERY SOON RAISE IN NEAR FUTURE AS MORE AND MORE MNC VENTURE IN TO INDIAN MARKET,ESPECIALLY RETAIL AND AVIATION INDUSTRY WILL BE PLAGUED WITH THIS KINDA QUESTION

TRY READING MATERNITY BENEFIT ACT ALONG WITH THE ESIC ACT.

ESIC pays for 3 months that is called maternity benifit under the Act. For this she has atleast worked for 12 months or two consuctive ESI periods.

During the pregnency if she goes through serious treatment then the expendatures paidby the ESIC.


AKG

hi dear yes ESI pay salary to woman during pregency period which is called maternity benefit under ESI act.

actually ESI provide following benefit to employee--------
Medical benefit

Sickness Benefit

Disablment benefit

Dependent benefit

Maternity Benefit

henece during pregency woman get pay from ESI is called Maternity benefit

this is not a Sicness , Accident. or illness

bbye

Thank You for the Useful Information,,,,

__________________


Sharing what is Shared with me

Whatever Happens, Life Must Go on

Hi,

Maternity Benefits as per ESIC

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 double the Standard Benefit Rate, or roughly equal to the average daily wage.

Hi All Cite HR Members !

This is a very interesting query on Maternity Benefits under ESI.

Thanks for all the valuable inputs & guidance !

Also please note & Check from some authority of ESI, as i guess from my past experience of a Multispecialty Hospital, that ESI and this part of Maternity Benefit Cover may not be there as generally in Hospitals it is already given as extra benefit of free treatment to all it's employees !
I am sharing from my Delhi based Hospital's Personnel Deptt. experience.

Therefore, it will depend on the type of Organisation as well !

Regards,

Pankaj Kumar Sinha
GURGAON
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DEAR FRIENDS

THANKS FOR YOUR VALUABLE INPUT. BUT THERE IS ONE MORE TWIST TO THIS ISSUE. WHAT PREVAILS OVER OTHER ?
IS IT MATERNITY BENEFIT OR IS IT ESIC.
AND IF ITS THE MATERNITY BENEFIT THAN EMPLOYER PAYS AND IF ITS ESIC BENEFIT THEN THE ESIC PAYS.

BUT WHY SHOULD ESIC PAY BECAUSE,
ESIC IS ELIGIBLE, BECAUSE PREGNANCY IS NEITHER ILLNESS NOR A SICKNESS NOR CAN IT BE CONSIDERED AS ACCIDENT.

THE PROBLEM IS I MYSELF IS A LAWYER, AND FEEL THAT THE EMPLOYER IS LIABLE TO PAY FOR AND NOT ESIC. AFTER TOUGH ARGUMENT MY MANAGEMENT. MY MANAGEMENT DISAGREED WITH MY VIEWS.

AS OF NOW THE ESIC IS PAYING THE PREGNANT FEMALE EMPLOYEE OF THE COMPANY,BUT THIS CAN BE QUESTIONED LATER AND THAT TIME THE COMPANY MAY ALSO BE HELD PARTY FOR THIS KIND OF LAPSE IN KNOWING LAW OF THE LAND

PLEASE PROVIDE YOUR INPUT,THIS IS VERY INTERESTING QUESTION AS THIS KIND OF QUESTION WILL VERY SOON RAISE IN NEAR FUTURE AS MORE AND MORE MNC VENTURE IN TO INDIAN MARKET,ESPECIALLY RETAIL AND AVIATION INDUSTRY WILL BE PLAGUED WITH THIS KINDA QUESTION

ESIC cash benefits on a larger perspective is for a recognised and accepted absence of work. The Act specifically covers the Maternity leave benfits.
It is a basically a social cover and the State has enforced Statuory Obligation on the part of Employers in terms of contribution. Health is a state subject and the state can not shy or shift entire responsibilty to the employer.
Anyhow the Corporation has surplus funds even after meeting out the cash benefits , other benefits including hospitals run and a higher burden of adminstrative expenses.

The contribution of 4.75% is a very reasonable one on the part of the employer. In addition the Corporation has time and again widened the coverage by increasing the Salary limit up to Rs.10000/-.

This 4.75 % is equitable to premium paid for a private health care policy.

Now the Private Helath care policies also cover maternity benefits and the premiunm / contribution it is not charged on the basis of the gender.

I am of the Opinion that the Contribution of Employers for the Social obligatory funds are significant and encouraging.

Dear Sir'

I think u are goiing totaly wrong because ESIC is getting amount in crores. I mean to say that if a employee contributing 1.75% then employer is paying 4.75%. If we follow your rules then why employer is liable to pay his contribution. and for your kind of information please not that so many employees working in the compnies without getting any payment from ESIC. And still i am surprised that u are a lawyer and saying just like this. Think about the amount i.e, if somebody works for 2 or 3 months, not getting any help, damages, interest, and many other amounts.

Also just visit some hospitals and take the information from there about the helps provided by the ESIC

MY DEAR
FRIEND KINDLY READ THE EARLIER REPLIES,IN ONE OF THE REPLIES ITS CLEARLY MENTIONED WHEN DOES ESIC COVERS AND COMPENSATE A FEMALE EMPLOYEE IN CASE OF PREGNANCY,

NOW TRY READING MATERNITY BENEFIT ACT

THEN COMPARE BOTH,

NOW READ MY QUESTION AND THEN ANSWER.

I CALL MY SELF LAWYER IS BECAUSE I COULD READ BETWEEN LINES,WHICH U COULDN'T,PLS ASK ME IF DIDN'T UNDERSTAND WHAT AND WHERE THE AMBIGUITY LIES.

WHO PAYS UNDER WHICH ACT IF THE BIRTH IS NORMAL AND WITHOUT ANY COMPLICATION.

ANYWAYS THANKS FOR YOUR REPLY

THIS MSG IS NOT FOR ALL BUT FOR THE PERSON WHO DIDN'T UNDERSTAND MY QUESTION.