Maternity Leave Dilemma: Should Our Company Pay Salary Already Covered by ESIC?

Hi All,

We, a manufacturing company in Mumbai, have an employee (tenure 1.5 years) covered under ESIC who took 3 months of maternity leave without pay from the company. She has already been paid by ESIC, and later the Management discovered that the accounts dept also paid her salary for those 3 months. Now, does the company need to contribute to the compensation of her maternity expenses? She has resumed work for 2 months.

I would like to know if the company should pay her salary. If not, considering the salary has already been paid, how should this issue be resolved?

Please advise!

Regards,
S.J

She may claim the same from the ESIC with the relevant documents of her Maternity Expenses.

You also please consult once with ESIC Local branch office... there may be the answers for your puzzle.

Dear Sujata,

If ESIC paid the salary for the leave period, the company need not pay for the same if she is earning up to 10k. Your company can recover that salary paid to her by mistake. However, your company is wonderful to work for because there is no coordination between the accounts and HR departments.

Regards,
Santosh Singh

Dear Sujata,

Your company may recover the amount from her salary in installments. The paid amount can be shown as an advance to her. Anybody who is receiving treatment from the ESIC for a long time cannot claim salary from the company. The ESIC also requires documents from the individual to prove that he or she has not been paid by the company for those days.

Thanks & regards, Anil Tomar

Dear Sujata,

I agree with Mr. Anil. ESIC office sends a form, maybe No. 32, to be verified by the HR Department stating that the IP has not worked for the leave days submitted in the ESI office and he/she has not been paid for the said days. Only after this verification and even checking the wage sheet, the ESI office releases the payment. If you consult the ESI, you may be in trouble, so the better way is to adjust the amount in her advance/loan and then recover the same.

Hence, the company can't pay for the person who is on ESI Leave. However, you can recover this amount from that person after counseling.

Kind regards, [Your Name]

What about the monthly contributions of ESI & PF sent to respective offices, i.e. PF & ESIC offices, if you have paid her the salary for three months?

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Dear Santosh,

Previously, there was no HR for a long time. I have just joined, and this was the issue that came across to me. Thanks for your advice.

Rgds,
S.J

Dear grettapl,

We do not have PF; hence, the matter of the contribution does not arise. Regarding the E.S.I.C contribution, I will have to check it. Thanks...