Madhu.T.K
Industrial Relations And Labour Laws

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Anonymous
Dear sir, My wife works in private school. Her EDD was on 17april 20.But she had delivered a baby on 11 april 20 in Govt Hospital.
But the leave was sanctioned by esi from 28th Feb 2020. But due to some school work i.e paper checking she worked till 17th of March which she got paid.
Now the local ESI employees says that due to this chaos she'll not get any maternity benefits i.e remaining months
Salary from esi..also they are not cooperating/suggesting. Please suggest us what to do now. can she get her salary?
Thanks

From India, Delhi
an employee under ESI cannot get salary both from ESIC and the company/ employer/ school. In such situation the amount paid by the ESIC should be paid back to ESI Corporation. For this you can give a declaration from the school that her salary paid from the date on which started getting paid by the ESIC till 17th march 2020 will be paid to ESIC. This should meet the purpose. Even after giving that declaration, if the Local Office refuses benefits, approach the Regional Office.
From India, Kannur
We talked to school authorities they told us that please ask esi office to pay remaining days salary to employee as 18 days are already paid by school.
Is this the right solution we can demand from Esi.

From India, Delhi
ESIC will pay the amount but only after ensuring that the insured has not received salary from both, ie, employer and the Corporation. Therefore, first return the amount and then approach the Sub Regional Office, if required.
From India, Kannur
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