PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Industrial Relations And Labour Laws
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Madhu.T.KIf you are getting the maternity benefits from the ESIC then why does the company pay salary during your maternity leave days? If erroneously paid, the same should be returned to the company or you should refund the amount received from the ESIC to the Corporation.
From India, Kannur
ZaraoziasWhy not to get money from both side, Because company gives paid leave under maternity act and monthly wise money was taken as Esic share from our salary so we can claim from Esic maternity benifit, in that point of view I have asked this question. If there is any act not to get money from both side suppose to be please let me know.
From India, Chennai
Madhu.T.KIf you are an employee covered by ESI Act and is eligible to get maternity benefits from the ESI Corporation after having qualified to get it by means of your contribution during the two contribution periods immediately preceding the date of delivery then you should get it from the Corporation only. If your employer is paying salary during your maternity leave period then it is due to sheer ignorance of the company officials. You have said that you have contributed to ESI. Yes. But the company has also contributed to the ESI. If your contribution was at the rate of 0.75% of your salary, the company's contribution was at the rate of 3.25% and the company has contributed so just to get absolved from its liability under the Maternity Benefits Act and Workmen Compensation Act.
You can refer section 5B of the Maternity Benefits Act which says that an employee covered under ESI Act shall be entitled to get maternity benefits under that Act (ie, ESI Act)
And if you are so adamant that you should get it from BOTH the employer and the ESIC, then you can approach the ESIC.
I feel pity on the employer for his ignorance of law and the objective of the ESI Act and the purpose of contributing to ESI.
From India, Kannur
nanu1953Other than what Mr. Madhu T K has been posted I would like to add that ESIC authority may cross check from organization whether any payment has been made during the maternity leave period. Sometimes they want declaration from Organization regarding payment status. If it is noticed that the employee has received double benefit, it will be bad in law and ESIC authority will ask employee to refund the money.
There are certain organizations who are paying the difference between ESIC payment and Organization's rate. That is not bad in law.
S K Bandyopadhyay ( WB, Howrah)
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From India, New Delhi