Industrial Relations And Labour Laws
Harsh Kumar Mehta
Consultant In Labour Laws/hr
Srinath Sai Ram
2. The issue regarding entitlement for the MB under said Act is a question of fact and therefore, it will be more better if the woman insured person may contact the appropriate ESIS dispensary, obtain medical certification and contact the concerned branch office of ESIC to which she is attached. I think, appropriate branch office will pay her MB for the period, if she is eligible under said Act.
3. Further when the unit/company has not paid any wages to the woman insured person for her period of MB she obtained from ESIC, then why there should be any contribution under said Act.?
9th June 2017 From India, Noida
The amendment to Maternity Benefit Act came into effect w.e.f 01/04/2017. Since your employee has already been on maternity leave prior to the effective date of amendment, she is entitled for maternity benefit for 84 days only.
10th June 2017 From India, Guntur
10th June 2017 From India, New Delhi
An employee covered by ESI will not receive salary on any day on which she is on ESI leave. PF is deducted on salary paid. When there is no payout why should we think of payment of PF. Therefore, no PF when she is on ESI leave.
The ESIC had incorporated 26 weeks maternity leave with effect from 20th January, 2017 ( I guess).
26th June 2017 From India, Kannur
2. However, I understand that for the period for which such "leave with wages" are paid to the woman insured person, no maternity benefit will be payable under ESI Act, 1948 and rules/regulations framed thereunder (Ref. Section 2(22).
30th June 2017 From India, Noida
Now coming to the views of PF, we can see that whatever the employee gets while on duty or on leave which have cash value are remuneration which will attract PF contributions. If you are on earned leave for, say, 90 days, you will certainly get full salary for the entire 90 days, or 3 months, but the payment will be made after deducting PF. This is because PF is paid on salary earned while on duty or on leave. At the same time, leave encashment will not attract PF deduction because that is not earned by working or being on leave. Similarly, retrenchment compensation will not attract PF deduction because this is not an amount earned while on duty or on leave.
Therefore, I support that if your employee is paid maternity benefit in the form of salary for certain days/ months, the same should be paid after deducting PF. Certainly, for the amount of medical bonus of Rs 3500, that you pay no need to deduct PF because it is not a salary but a benefit in the form of reimbursement of expenses met by the employee for her prenatal and post natal care.
30th June 2017 From India, Kannur
5th July 2017 From India, Kannur
Recently, my wife delivered in the month of August'17. She works for FORTIS hospital and has been attached to ESI since Feb'17. All documents were submitted to HR team, and they said all payments will be made by ESI. Company does not pay any benefits, every claim should be made through ESI.
We visited the ESI office and got to know that hospital expenses will be paid but not salary due to the clause that any employee attached to ESI should complete 9 months to claim the maternity salary benefits, however hospital expenses can be claimed.
Then we informed the HR team about the issue and they said, in this case we can't help if ESI does not pay, then it will be considered loss of pay, report to work after 6 months.
Kindly advise, what is the solution in this scenario.
17th November 2017 From India, Bengaluru
It is also true that when an employee covered by ESI goes for maternity leave, the employer has no obligation to give any salary. It is true in the case of all leaves under ESI. However, since she is not eligible to get ESI leave, employer is under a legal obligation to pay her salary during her maternity leave days. The employers cannot disown their liability just by saying that they had given coverage under ESI and it is upto her to get it from ESIC.
Now again, the law relating to Maternity Benefits states that leave is to be given if she had worked for 80 days DURING THE TWELVE MONTHS PRECEDING THE EXPECTED DATE OF DELIVERY. It does not say that 26 weeks leave is to be given if she had worked for 80 days in just three or four months of joining your establishment. The significance of "12 months immediately preceding the (expected) date of delivery" is to be understood as minimum service of 12 months and 80 days working including paid leaves and holidays during this 12 months service.
The above given is my own interpretation of the law, I have not found any such interpretation from any Court and, therefore, many of you may have different views on this. Please share.
Madhu T K
17th November 2017 From India, Kannur
One of my friend, she joined on 20th Feb 2017 and will be on maternity leave from 01st Dec 2017. She is covered under esic and wants to claim maternity leave encashment under esic. Can she get the maternity leave encashment before delivery? and also please kindly suggest what are the documents she will need to submit to esic office. Furthermore, she has planned her delivery in a Pvt hospital, is there any way to claim the reimbursement from esic. Kindly help.
29th November 2017 From India, Aizawl
29th November 2017 From India, Kannur
2. In order to claim such maternity benefit, the insured woman must get the required medical certification either from authorised ESI dispensary or ESI Hospital to which she is attached. However, in case of private hospitals, the payment of such benefit is doubtful. In respect of Govt. Hospitals, I think, ESIC Branch Office Manager is authorised to pay the said maternity benefit (if the insured woman is otherwise entitled to) as a case of alternative evidence. It will be more better if the insured woman may contact the ESI dispensary as well as ESI Hospital to which she is attached before such delivery.
3. In order to examine eligibility of the insured woman for such benefit please see Rule 56 of ESI (Central) Rules, 1950 as well as Regulation 4 of ESI (General) Regulations, 1950. This is a question of fact and perhaps correct position can be ascertained from concerned Branch Office of ESIC to which insured woman is attached.
19th December 2017 From India, Noida
Subject:- Applicability of Maternity Benefits (Amendments) Act, 2017 to women employees who are covered under Employees State Insurance Act, 1948
What is the definition of Wages under ESI Act for checking Rs.21000/- threshold limit (CTC these days comprises of Basic+DA+HRA+Commuting Allowance+Medical Allowance+Special Allowance+PF Cont^+ESI Cont^+Insurance cost if any)
Will full Salary in hand will be paid during maternity leaves and if yes, who will pay Employer or ESI department? What is the definded procedure for claiming this?
What is the definition of "the average daily wage for the period of a worker's actual absence from work"
Facility of Creche and provision of work from home is not available?
17th January 2018 From India, Gurgaon
2. Maternity Benefit is paid in cash by ESIC through their appropriate Branch Office and that too after receipt of medical certificates in respect of insured woman from authorised ESI Dispensary or ESI Hospital. It is also required that the claimant insured woman must be elegible for the said benefit on having contributed for minimum days as required under above rules.
3. Hope, the claimant may contact the ESI dispensary or ESI Hospital as well as ESIC Branch Office to which she is attached and get the proper guidance as well as proper medical certification which are required for claiming such benefit.
17th January 2018 From India, Noida
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.
18th January 2018 From India, Kannur
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?
18th January 2018 From India, Gurgaon
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.
18th January 2018 From India, Kannur
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...
6th March 2018 From India, Mohali
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.
7th March 2018 From India, Kannur
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
29th May 2018 From India, Anand
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?
10th July 2018 From India, Mumbai
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.
11th July 2018 From India, Kannur
2nd August 2018 From India, Kannur
I had joined previous company on 01/01/2012, that day onwards i was under ESIC. Till June 2014 I have contributed ESIC. July 2014 onwards my salary hiked. So ESIC amount was not deducted July 2014 onwords. Again May 2017 I have started my Career with another company. They Enrolled me under ESIC from 01/10/2018 with same Registration number. My Delivery Date is April 25th 2019. So till April I will continue my work. Same Registration number using. Can I get ESIC Salary for 24 Weeks. Because new Contribution only 7 months. Will they consider my Old Contribution?
10th January 2019 From India, Bengaluru
ESIC: Portal Application
Madhu T K
10th January 2019 From India, Kannur
#AnonymousThank u Madhu Sir for your valuable reply.
In that ESIC portal it shows only 3 months contribution and indicates I am not eligible for benefit. Then What about my old contribution. If it is not considered then why should we renew the same policy number we can generate new number know?
Please reply Sir
10th January 2019 From India, Bengaluru