Navigating Extended Maternity Leave: How to Handle ESIC Leave Extensions in HR?

Hi learned seniors.

One of our female nurses in our branch eye care hospital applied for maternity leave by consulting a private doctor initially with just a doctor's normal prescription of medicines and the diagnosis (without advice for maternity leave). She had already enjoyed 6 months of leave, but when a letter was sent to her for immediate joining, she responded that she is already under ESIC maternity leave benefit of 26 weeks and will be joining only after that. She neither reported to HR that she had applied for ESIC maternity leave during her continued leave nor kept in touch with HR of that branch during her previous 6 months of leave. Normally, we know that 26 weeks of maternity leave may be further extended for one month if complexity arises, supported by a doctor's special advice.

In this scenario, what can be done as the concerned staff member is already enjoying more than 6 months of leave and has extended it further by providing a reason of ESIC sanctioned leave? Please guide.

Hi, Maternity leave is not an enjoyable holiday period, as you said. It involves physical pain and emotional imbalance. An employee cannot claim maternity benefits from the employer and ESIC at the same time. For ESIC benefits, treatment should have been taken at an ESI hospital, and only in the case of a lack of proper facilities at an ESI hospital, the member can opt for a private hospital. You have not mentioned whether the salary during maternity leave is paid by the employer or not. Extension of maternity leave is normal and allowed.

Please clarify the salary part.

For availing maternity benefits through ESI, she should have submitted a certificate issued by ESI. Please check on this as well.

It is quite baffling that your organization remained silent all the while when the employee took maternity leave through the ESI Scheme. The query lacks clarity on the sequence of events and the advice you need. Importantly, no adverse action can be taken against an employee while they are on ESI leave. So, try to ascertain a clear picture, wait for the ESI period leave to be over, and then take further action to call back the employee.

If an employee is covered under ESIC by default, she will receive benefits under ESIC, and the company has nothing to do, even for extension. However, the employee should communicate the same thing with the employer.