Srinath Sai Ram
Hr Manager
+1 Other

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One of our employee on maternity leave from 14/2/18 . ESI dr gave her 6 months leave. I would like to know how we can calculate & pay her ESI contribution during the period of her leave? I mean , the average amount which we remitted back months or any new rate of contribution.
Expert of the Act is given below:-
5. Right to payment of maternity benefit. -- (1) Subject to the provisions of this Act, every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence immediately preceding and including the day of her delivery and for the six weeks immediately following that day.
Explanation. – For the purpose of this sub-section, the average daily wage means the average of the woman’s wages payable to her for the days on which she has worked during the period of three calendar months immediately preceding the date from which she absents herself on account of maternity, or one rupee a day, whichever is higher.
(2) No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit for a period of not less than one hundred and sixty days in the twelve months immediately preceding the date of her expected delivery: Provided that the qualifying period of one hundred and sixty days aforesaid shall not apply to a woman who has immigrated into the State of Assam and was pregnant at the time of the immigration.
Explanation: - For the purpose of calculating under this sub-section the days on which a woman has actually worked in the establishment, the days for which she has been laid-off during the period of twelve months immediately preceding the date of her expected delivery shall be taken into account.

Dear VP as per your information Woman Employee is covered under ESI & on Maternity leave from 14/02/2018.Consequently, the question of remitting ESI Contribution by the Employer during ML does not arise.ESI Contribution is payable for the Salary earned in the Month.While on ESI Leave, Employer will not pay Salary.Consequently, remittance of ESI Contribution does not arise
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