Harsh Kumar Mehta
Consultant In Labour Laws/hr
Kalika Pande
Director
Sweta Gola
Executive/

Thread Started by #Sweta Gola

Hi Team,

Name: Sweta Designation: Executive Customer Service Joining: 2/25/2013.

I am working in a Private Company (Call Center) and went on maternity leaves. They asked me to go to ESIC hospital to approve my maternity leaves. ESI hospital said that it is not approved by them. They asked me to deliver the baby in ESIC hospital to get maternity leaves. I delivered baby in Private hospital. Later, I come to know that I need to submit a form in ESIC to get an approval for maternity leaves. On August 17, 2016, ESIC hospital asked me to fill a Maternity Leaves form which I did. My Employer is not giving my salary and they only paid for my working days prior to my delivery. It's been 22 days after my delivery. ESIC hospital is saying that it will take 3 months and after 3 months I have to visit ESIC for further documentation to get my salary.

Do I need to wait for 3 months to get my salary or I should receive it during maternity leaves?

Am I eligible for any Medical bonus?

Regards, Sweta
21st August 2016 From Netherlands, Amsterdam
1. Dear member, you should have complied with the procedure as laid down in ESI Act, 1948 and rules/regulations framed thereunder. ESIS dispensary to which you are attached is the appropriate medical institution which has to issue you necessary medical certificates. In case, you are covered under ESI Act and eligible for said benefit, your employer is not supposed to pay you said maternity benefit.

2. The appropriate office of ESIC to release and pay you maternity benefit is the Branch Office to which you are attached. Though the said office is required to pay the benefits based on the certificates they received from ESIS dispensary/ESIC Hospital through you, but they decide the eligibility and rates of such payments. So far as I understand, there is no rule vide which they can say that the said maternity benefit will be paid after 3 months. But in this case, you have obtained the treatment from private sources, hence they have to decide the case as per their instructions and procedure. It is better to contact the appropriate branch office, discuss the issue and provide them necessary medical certificates issued by either private hospital or ESIC hospital.
23rd August 2016 From India, Noida
Thank you Harsh for your valuable comments on this situation.
Any other suggestions for me. I am still not sure, who will pay me this amount?
Why my office is not crediting salary to me? To whom should I contact for more information on this case? ESIC dispensary where I filled this maternity form is asking me to wait for 3 months for receiving my salary from my office. Is that true that employees have to wait for this duration for receiving salary in Maternity Leaves?
Regards,
Sweta
23rd August 2016 From Netherlands, Amsterdam
1. Dear member, I have already mentioned as above that the appropriate office to examine your case is only ESIC Branch Office to which you are attached. Please see your ESIC Identity Card and you can contact the said office ( through your family members).ESIS dispensary or hospital have no power to make you any payments of maternity benefits, though they are supposed to issue you medical certification.
2. I have already informed you as above that in case you are/were covered under ESI Act and eligible for benefits, your employer is not required to make any payment of maternity benefit.
3. I will also suggest you to visit ESIC website, online link of the same is as under:
Information - Benefits | Employee's State Insurance Corporation, Ministry of Labour & Employment, Government of India
23rd August 2016 From India, Noida
Hello Harsh,
Thanks for replying.
The link you shared says:
(c) Maternity Benefit (MB) : Maternity Benefit for confinement/pregnancy is payable for three months, which is extendable by further one month on medical advice at the rate of full wage subject to contribution for 70 days in the preceding year.
Does this mean I will be paid for 3 months?
23rd August 2016 From Netherlands, Amsterdam
1. Dear member, the maximum maternity benefit in ESI Act is "a period of twelve weeks of which not more than six weeks shall precede the expected date of confinement" ( Rule 56 of ESI Central Rules, 1950). In case of sickness out of said maternity, the maternity benefit can be extended upto one month more.
2. But above are only entitlements in maternity cases. Hope, you will discuss the matter with your appropriate branch office of ESIC as suggested by me above. It is only the said ESIC Branch Office who can comment as to whether you are entitled or not depending upon the medical certification etc.as you obtained treatment from private hospital.
23rd August 2016 From India, Noida
Hello Mr. Harsh,
This is in continuation to our conversation regarding Maternity Leaves Issue.
I have followed up this case with ESIC branch Manager and they have only approved 35 days paid leave though they have approved 84 days leave. I don't understand how they calculate and approved 35 days paid leave. As per him, it was calculated by system and only eligible for 35 days paid leave.
What should I do now?
Regards,
Sweta
3rd September 2016 From Netherlands, Amsterdam
Can anyone please clarify if an female employee is availing ESIC benefits, is the employer still liable to pay Maternity Benefits to the employee?
6th July 2018 From India, Mumbai
Dear member, if the insured woman is entitled for maternity benefit under ESI Act, 1948 and rules/regulations framed thereunder, she cannot claim the said benefit from her employer.
7th July 2018 From India, Noida
1. Dear Sh. Korgaonkar ji, thanks for appreciating my above reply. In fact, now-a-days, due to being busy in family matters, I am not finding time to contribute in this esteemed forum. Once, free from family matters, I will devote more time for discussions with senior experts who are contributing in this forum. This will enrich my experience.
2. However, with reference to above question I will further submit that a question will arise as to why the employer is not made responsible for paying maternity benefit to the entitled woman employee irrespective of the fact that in his unit ESI is applicable and claimant woman employee is also ensured ? I think that this is due to the reasons that under ESI Act, 1948 the employer is already contributing to the extent of his 4.75% share and therefore, employer cannot be made liable for the benefit for which he has already contributed. Kindly see section 61 of said Act which is self -explanatory. The above Act has been enacted strictly according to the Social Security(Minimum Standard) convention of the ILO and under said Convention, Maternity Benefit is also one of benefit.
8th July 2018 From India, Noida
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