Maternity Leave Salary: Is It Covered by ESI or the Employer? Seeking Clarification

sreejith@isolcorp.com
My organization enrolled with ESI around a year ago. Currently, one of our employees is on maternity leave and availing the benefits. I would like to clarify whether the Maternity Leave Salary for 85 days will be paid by the ESI department or if it is the responsibility of the company. Could you please outline the formalities that need to be followed?

Kindly advise. Thanks in advance.

Warm Regards,
Sreejith Nair
Harsh Kumar Mehta
In order to obtain benefits under the ESI Act, including maternity benefits, the claimant is required to visit the concerned ESI Dispensary to which she is attached. She should produce her Identity Card, get herself examined by an authorized doctor, and obtain the medical certification as required under the said Act and the rules/regulations framed thereunder. The certificate is issued for a selected period, and the insured woman is required to visit the said dispensary again after the elapse of such a period to obtain the certificate as advised by the ESI doctor.

After obtaining such a medical certificate, the claimant insured woman is required to visit the Branch Office of ESIC to which she is attached. Upon receiving her medical certificate, the appropriate Branch Office will examine her entitlement to the said benefit under the Act. If there are any shortcomings, the office will inform her accordingly. "Salary" is not paid by ESIC; it only pays "Maternity Benefit" as defined under the Act, and the rates of such benefits are calculated and decided by the Branch office of ESIC.

Therefore, it is difficult to offer any more comments until and unless the formalities as above are completed by the claimant insured woman.
sreejith@isolcorp.com
Dear Harsh, Thanks for the reply. Can you please clarify whether the company should be paying any salary/remuneration/maternity benefit during the period of maternity leave of the employee if she is availing the maternity benefit from ESI?

Regards,
Sreejith Nair
Harsh Kumar Mehta
Please see Section 61 of the ESI Act, 1948, and similar provisions in the Maternity Benefit Act, 1961.
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