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Dear All,
I need your guidance in terms of salary payment during maternity leave.
My wife has taken her maternity leave from 4th November after informing office 2 months in advance. Now HR is saying that company will not pay your salary during your leave, you have to go to ESI to get your salary.
Now can you please tell me why company won't pay her and if not then what is the procedure to get salary from ESI. What about the PF contribution in salary?
Please respond ASAP - Thanks in advance for all your support

for ESI covered members, they have to get medical benefits as well as leave and maternity benefits also from ESIC, please get in touch with your ESIC panel doctor immediately.
PF is deducted /paid only when the employee earns salary, not on leaves.

Thanks....But i thought maternity leaves are paid leaves...So why she won't get pf benefit at that time? In my companies all employees are getting salary as usual in their bank ac...Why such discrimination? And I knw her boss also get her salary as usual in her accnt...Plz help

If she is covered under ESI, the benefit will be paid by ESI. Please be aware that employer contributes along with employee. It is for these kinds of cases that ESI came into being. Please tell her to complete all formalities of officially informing ESI immediately. When she wrote mail to employer 2 months ago, the person should have informed her to approach ESI. But then .....
Quantum of ESI maternity benefit will be lesser than actual salary; ESI pays wages at their benefit rate which is lower than rate of wages.

From India, Mumbai
Simple. If your wife's salary is less than or equal to 21000/- then she is eligible for ESI benefits. Hence, she has get her salary through ESI. If her salary is more than 21000/- then she will get her salary through company itself.
From India, Madras
In ur posts u raised two querries....
1.... Y company wont pay amount during Maternity leave &
2.... Whats the procedure to get maternity leave salary from ESIC....
solution is as follows:
1. When once a factory/estt covered under ESI means they will be exempted to comply under Workmen Compensation Act and Maternity Benefit Act...Hence the employer is not have statutory obligation to pay salary during ur ur maternity leave & in case if the company is not covered under ESI and ur wife is not coverable under ESI means they have to comply under Maternity Benefit Act;
2. Any Insured woman under ESI can claim, rather start her maternity leave (100% of their wages will be paid by ESI Branch Offices) prior to 8 weeks of such delivery(confinement date) and can utilise the maternity leave for maximum of 182 days... the procedure after delivery let her approach the ESI Dispenary to which she has attached and obtain a Form-18, i.e, Certificate of confinement and submit the same at the ESI branch office concerned to get the benefit.
Hope ur doubts were cleared and all the best...

From India, Hyderabad
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