Maternity Leave Dilemma: Can I Get ESIC Coverage While My Company Pays My Salary?

I am on maternity leave, and my company is paying my salary. Simultaneously, is it possible to apply for ESIC maternity coverage?

Maternity Benefits and Salary Payment

If you are receiving maternity benefits from the ESIC, why is the company paying your salary during your maternity leave days? If the payment was made in error, it should be returned to the company, or you should refund the amount received from the ESIC to the Corporation.

Why not get money from both sides?

The company provides paid leave under the Maternity Act, and a monthly amount is deducted as an ESIC share from our salary. Therefore, we can claim maternity benefits from ESIC. This is the perspective from which I am asking this question. If there is any regulation against receiving benefits from both sides, please inform me.

If you are an employee covered by the ESI Act and are eligible to receive maternity benefits from the ESI Corporation after having qualified for it through your contributions during the two contribution periods immediately preceding the date of delivery, then you should obtain it from the Corporation only. If your employer is paying your salary during your maternity leave period, it is due to the sheer ignorance of the company officials. You have mentioned that you have contributed to ESI. Yes, but the company has also contributed to ESI. If your contribution was at a rate of 0.75% of your salary, the company's contribution was at a rate of 3.25%, and the company has contributed solely to absolve itself from liability under the Maternity Benefits Act and the Workmen Compensation Act.

Section 5B of the Maternity Benefits Act

You can refer to section 5B of the Maternity Benefits Act, which states that an employee covered under the ESI Act shall be entitled to receive maternity benefits under that Act (i.e., ESI Act).

If you are insistent on receiving benefits from both the employer and the ESIC, then you can approach the ESIC.

I feel sorry for the employer due to their ignorance of the law, the objectives of the ESI Act, and the purpose of contributing to ESI.

Other than what Mr. Madhu T K has posted, I would like to add that the ESIC authority may cross-check with the organization to verify whether any payments have been made during the maternity leave period. Sometimes, they require a declaration from the organization regarding the payment status. If it is noticed that the employee has received double benefits, it will be unlawful, and the ESIC authority will ask the employee to refund the money.

There are certain organizations that pay the difference between the ESIC payment and the organization's rate. This practice is not unlawful.

S K Bandyopadhyay (WB, Howrah)
CEO-USD HR Solutions
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