Pay - Esi And Pf For Maternity Leave Employee - DOCX Download - CiteHR
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Swati,
It is the gross salary and not the CTC which is considered for ESI coverage. Normally the CTC will include the costs by way of salary and the statutory contributions like ESI, PF, Bonus, Gratuity etc that the employer should make in respect of each employee. These contributions are out of purview of wages.
Regarding work from home facility which is suggested in the Maternity Benefit Act, the responsibility is on the employer and not the ESI Corporation. If your employer is ready to give you work from home, them he can allow you and as you know it is not possible for all employees to work from home. A person who is working as a receptionist cannot do her work from home. Similarly, a chemist cannot test the items sitting at her residence. Therefore, the provision regarding work from home is not a mandatory provision.
Creche is also the liability of your employer. If your establishment has the sufficient number of women employees (50 employees in the case of establishments other than factories, 30 in the case of factories or 50 women or 20 children in the case of Plantations) then the employer should provide for creche.
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Thank-you Harsh and Madhu for replying to my query
Why women employees who are covered under ESI Act are not benefited under Maternity Benefit Act, 2017 at par?
Why there is a discrimination?
Whether full salary will be admissible during maternity leaves period?
Why will ESI branch office pay in cash? Why not cheque or NEFT?
If a women employee herself has to visit branch office every month to collect her salary?
Swati seems to have lot of apprehensions. I would say that there are a lot of benefits availbale from ESI Corporation which the employer cannot offer to employees not covered under ESI. Employees under ESI gets treatment, medicine etc which the employer cannot provide to an employee. It is true that employer needs to provide creche facility to women employees and that is even available to an employee who resumes work after availing ESI leave. If your nature of work permits working from home, naturally, the employer can extend it to an employee covered by ESI. That means, there is no discrimination as such.
Now coming to the administrative part of payment of salary, I would like to say that the system of paying salary in cash does not exist now. It is paid to your bank account every week. There is no need of employee presenting in person at ESI local office to collect the money.
Dear All, post seeing all the discussion few queries even i have regarding emp benefit in case of ESI coverage.
1. Does employer is liable to pay full salary for 6 months who are having salary more than 21k and out of ESI.
2. If an emp having salary under 21k and joined recently with blessed maternity due within 2 months of joining. WHO will pay the remuneration for 6 months ML.
seeking for reply...
In respect of employees who are not "eligible" to get maternity benefit from ESI, the employer will pay salary for 6 months. In order to be eligible to get benefits from ESI, first of all she should be a covered employee and only persons with less than 21000 salary will be covered by ESI. Secondly, a covered employee should have contributed at least for 70 days in the two consecutive contribution periods. If she is a newly joined employee, she will not get maternity benefit from the ESIC. Now having said that she is not an eligible employee due to the reason that she has not worked/ paid contribution for at least 70 days in the two contribution periods immediately preceding the expected date of delivery, the employer will have to pay salary for the period she absents due to maternity.
Now, as per Maternity Benefit Act only a woman employee who has worked at least for 80 days during the 12 months immediately preceding the date of delivery only will be eligible to get 6 months maternity leave and the medical bonus of Rs 3500. Therefore, an employee who has just 60 days service will not get maternity leave of 6 months.
dear sir
i want to know that how much day are requirement for esi maternity leave, because my esci contributed no of day 211 but my esi benefit maternity state is show no so i am eligibility for esi maternity leave , and tell me how much before day i am gate lever for maternity leave. now i am 7 month pregnant but dr say that give maternity leave certitface before 56 day of deliver that is true
reply as early as possibly

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Thanks for Question raised & answers replaying .this is really helpful for understanding the conflicts.
Regards,
Vinod
My sister is going on maternity leave in Sept 2018. As per her wages (Rs 15000), till March 2018 she is eligible for ESI Maternity Benefits. But since April 2018 she is out of the ESI wage limits. When consulted with ESI, they told that she is eligible for 15000/- maternity pay from ESI.
Now my question is what about the difference in her present salary( approx 8K), who will pay? Is the company liable to pay the difference in amount, due to the fact that she falls under ESI Maternity Act?
If company is liable to pay that difference, then what about the PF contribution for that 6 mths period, during which she will be on Maternity leave?
What is the significance of Rs 15000 here? It should be Rs 21000.
If the ESI Corporation is paying the maternity salary for 6 months period, how can the employer pay it? For the ESIC there will be a different computation of average wages payable, but the employer is no way liable to pay the difference amount.
If you are covered by ESI then how can the employer pay salary for the days you remain on leave due to maternity reasons. It will be paid by the ESI Corporation. Fir that you have to consult the Medical Officer of ESI and then submit the relevant certificates to the Local Office of the ESIC
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