Maternity Leave [Thread 515513]

Hi All,
My organization got enrolled with ESI around a year back. Now we have one of our employee availing maternity leave benefits. I wanted to understand whether the Maternity Leave Salary of 85 days will be paid by the ESI department or whether it should be paid by the company. What are the formalities to be followed?
Kindly advise. Thanks in advance.
Warm Regards,
Sreejith Nair

1. Dear member, in order to obtain benefits under ESI Act including maternity benefit, the claimant is required to visit the concerned ESI Dispensary to which she is attached, produce her Identity Card, get herself examined by authorised doctor and obtain the madical certification as required under said Act and rules/regulations framed thereunder. The certificate is issued for selected period and the insured woman is required to again visit said dispensary after elapse of such period and obtain the certificate as may be advised by the ESI doctor.

2. After obtaining such medical certificate, the claimant insured woman is required to visit Branch Office of ESIC to which she is attached. After receiving her medical certificate, the appropriate Branch Office, will examine her entitlement for the said benefit under said Act and if there is any short-comings, the said office will inform her accordingly. "Salary" is not paid by ESIC. It pays only "Maternity Benefit" as defined under the said Act and the rates of such benefit are also calculated and decided by the Branch office of ESIC.

3. Therefore, it is difficult to offer any more comments until and unless the formalities as above are completed by the claimant insured woman.

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 he maternity benefit from ESI
Regards,
Sreejith Nair

Sir, please see section 61 of ESI Act, 1948 and similar provisions in the Maternity Benefit Act, 1961.