Maternity Benefit- rules regarding extended maternity leaves with and without ESIC

Hi learned seniors.

One of our female nurse 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) and 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. Neither she has reported to HR that she has applied for ESIC maternity leave in between her continued leave nor she kept touch with HR of that branch during her previous 6 months leave. Normally, we know that 26 weeks maternity leave may be further extended for one month if complexity arises and prescription supported by doctor's special advice. In this scenario what can be done as the concerned staff member is already enjoying more than 6 months leave and has extended it further by providing a reason of ESIC sanctioned leave. Plz guide

Hi

Maternity leave is not an enjoyment holiday period as you said. It involves physical pain and emotional imbalance. An employee cannot claim for Maternity benefit from Employer and ESIC at same time. For ESIC benefit treatment should have been took at ESI hospital and only in case of lack of proper facility at ESI hospital Member can opt for private hospital. You have not mentioned whether salary during Maternity leave is paid by employer or not?. Extension of Maternity leave is normal and allowed.

Please clarify on the salary part.

For availing Maternity benefit through ESI she should have submitted certificate issued by ESI. Please check on this as well.

It is quite baffling that your organisation kept mum all the while when the employee took Maternity Leave through 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 being 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 employee is covered under ESIC by default she will get benefit under ESIC & company have nothing to do, even for extension but the same thing even employee should communicate with employer