Officer In Hr Department
+2 Others

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Hi All,
We, a manufacturing company in Mumbai....an employee (tenure 1.5 years) is covered under ESIC and had taken 3 months of maternity leave without pay from the company. She has already been paid by the E.S.I.C and later the Management got to know that the accounts dept too paid her salary for those 3 months. Now does the company also contribute for the compensation of her maternity expenses?
She has resumed work since 2 months.
I would like to know whether the company should be paying her the salary?? And if not, then the salary has already been paid. How should this issue be solved???
Plzzzzz advise!

From India, Mumbai
She May claim the same from the ESIC with the releveant documents of her Maternity Expenses. You also please consult once with ESIC Local branch office.... there may be the answers for your Puzzle.
From India, Pune
dear Sujata
if ESIC paid the salary for the leave period company need not to pay for the same.
if she is earning up to 10k.
your com.can recover that salary paid to her by mistake.
but your com. is wonderful to work b'cos there is no co ordination with account and hr.
santosh singh

From India, Mumbai
Dear Sujata,
Your company may recover the amount from her salary in installments. The paid amount can be shown as an advance to her. Any body who is getting treatment from the ESIC for a long time can not claim the salary to the company. The ESIC also asks for the documents from the person to prove that he or she has not been paid by the company for those days.
Thanks & regards,
Anil Tomar

From India, New Delhi
Dear sujata
i agree with Mr.Anil .
ESIC office send a form may be no -32 to be verified by the HR Department stating that the IP has not worked for the leave days submitted in the ESI office and he/she has not be paid for the said days.
Only after this verification and even checking the wages sheet,the ESI office release the payment.
If u consult the ESI,u may be in trouble so the better way is to adjust the amount in her advance/loan something and tehn recover the same.
Hence company can't pay for the person who is on ESI Leave.However u can reover this amount from that person after counselling .

From India, Dehra Dun
what about the monthly contributions of ESI & PF sent to respective offices, i.e. PF & ESIC offices, if you have paid her the salary for three months ?
From India, Mumbai
Dear Santosh, Previously there was no HR for a long time. I have just joined in and this was the issue that came across to me. Thanks for your advice. Rgds, S.J
From India, Mumbai
Dear grettapl, We do not have P.F hence the matter of the contribution does not arise. In regards to the E.S.I.C contri i will have to check it. Thanks.....
From India, Mumbai
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