Navigating Maternity Leave: Should Companies Pay Salary When ESIC Covers 50%?

Dear Senior,

I would like to know whether the company should also pay the salary to an employee who is covered under ESIC. The employee has applied for 9 months leave. As per my understanding, ESIC will pay 50% of her salary, and the company can only sanction leave without removing her name from the payroll. Is this correct?

The maternity benefit (financially) will be paid by ESIC, and the company will allow her Maternity leave (without pay) if the female employee is covered under ESI Scheme. In case the female employee is not covered under ESI Act but covered under Maternity Benefit Act, the employer should pay the benefit for the period up to the expected date of delivery in advance. The second part of the benefit should be paid within 48 hrs upon receipt of the proof of delivery of the child.

Where it is written that ESIC will pay 50% of the average salary, kindly go through the Maternity Benefit Act. The maternity benefit rate is 100% of the average daily wages, to the best of my knowledge.

You can also refer to the following link of ESIC: [Maternity Benefits | Employee's State Insurance Corporation, Ministry of Labour & Employment, Government of India](http://www.esic.nic.in/maternity_benefits.php)

Maternity leave under ESI, salary payment is the responsibility of ESIC. However, the employee should submit the ESI confinement certificate and fitness certificate before rejoining for duty. The employer has to pay medical allowance as per the Act.

V. Murali

Dear Mr. Murali,

Please clarify whether the employer has to pay medical allowances as per which act? Is this applicable for ESI covered employees?

Thank you.

Dear Mr. Srinath Sai Ram,

It falls under the ESI Act and is applicable to female ESI-covered employees who have taken maternity leave exclusively.

Dear Mr. Murali,

An employer has to pay medical allowance as per the Act for ESI covered employees who have availed maternity benefits under ESI.

Should the employer pay medical allowances? If so, how much? Please clarify.

Thank you.

Dear All,

One of our employees came out from ESIC in October 2016, but as per the rule, she re-entered (Rs 21,000) ESIC effective 1st January 2017. However, her date of delivery was 2nd February 2017. Could you please confirm if she is eligible to receive Maternity benefits from ESIC?

Regards,
Dhananjoy

Please log in to the ESI Employee portal and find out eligibility for Maternity benefits. You have mentioned that the date of delivery was on 02/02/2017. Has she approached the ESI Dispensary and obtained a Certificate? Please inquire into the matter and provide complete information.