Anonymous
Dear friends, please suggest to me regarding the ESI card.

My wife working in a private hospital for the last three years.
In April we realized her pregnancy, but there were some complications so in June we available sick leave (almost two months) through ESI, while rejoining on 29th August we were denied by the HR manager to rejoin. They justified that they appointed new staff so you take rest and avail maternity leave in advance, But we don't want to avail in advance as the due date was in December. Then waited for maternity leave in so advance was not a good idea, our first maternity leave started on 29th October 2020. We updated the baby name in ESI card in December 2020. But now at the time of claim, we need a printout of the updated ESI but our ESI card is not appearing in the system. HR department saying it is automatically blocked as we were on leave for almost 10 months and they were not giving shares of ESI because the salary was not generated, we don't want to continue the job,

So does it mean we can't claim it now?? Is there any solution ??

From India, Amritsar

Understand the behavioral aspects at individual as well as organizational level →
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Your post is not clear.
Your wife intimated to the company that she was pregnant and then she took 2 months sick leave (not maternity leave). Then she did not rejoin because she was advised not to. I am assuming she did not get that in writing.

As per law the company can not fire someone during pregnancy. But it seems they tricked your wife to do so. Since you did not rejoin, they did not pay your ESIC dues and it lapsed.

There is another disconnect there. Did you not ask for salary for the entire period till now?
As per the rules, ESIC coverage will continue during pregnancy even if the company is not paying.

You do not want to continue in the company, so fighting for that is meaningless.
You need to find another job with ESIC Coverage for your wife.
If you are not in the job you cant get ESIC anyway.

But i am not sure what exactly your question is

From India, Mumbai
Thank you for the valuable answer....
We didn't get that in written (when she was denied to rejoin) as we never thought this will happen.
For the sick leave we were paid by the ESIC, but then there is a gap of almost two months between start of maternity leave and end of sick leave, as she was neither going to office nor applied for any leave in ESIC so no salary...
When we applied for maternity leave we were told by ESIC officer that it will be paid at the end of the leave when she will join. Now for to get claim of 6 month salary from ESIC we need our updated ESIC card.

my last question
suppose if we join another company with ESIC benefits so then can we still get claim for our maternity leaves??

From India, Amritsar
Hello,

In my Opinion :

1. Being a Private hospital, firstly please check if they are eligible under ESIC. As hospitals are exempted from ESIC.

2. From your post, i understand that the salary has not been paid / not generated for the leave period. Once Maternity leave is given, the employer cannot stop paying the salary nor can he dismiss the female employee from the job. (Unless you have resigned on your own will)

3. You have to approach the Labour Commissioner of your area and the ESIC Commissioner to escalate the issue of non payment and thus blocking of your ESIC card.

4. Post concilliation wiht the company, the employee will be eligible for Maternity beneift and also ESIC beefits.

5. Send a Legal notice through your advocates to the company in this reagrds.

6. Please ensure that all your communications henceforth are in writing.

Reagrds,

Mayank Lad


I think the process give by Mr. Lad is a good option for you.
To answer your other questions:

If you intimated your pregnancy to ESIC and applied for maternity leave properly, you will be eligible for getting the money from ESIC. You should escalate the matter, file a complaint or even let a lawyer take it up, if it is worth the money.

Your joining another company will not give you the maternity benefit with retrospective effect. My reference was that since you are not joining back, you are no longer eligible for ESIC (going forward) unless you are joining another company which has ESIC, in which case, you will get ESIC benefit in future.

Basically, its a lesson learned for the future.

From India, Mumbai
Mr. Lad, ESIC is extended to hospitals from 1-4-2011 through a notification issued by the central government.
Please refer to this thread on citehr

https://www.citehr.com/442972-esic-a...harashtra.html

From India, Mumbai

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