Dear friends, please suggest to me regarding the ESI card.
Background and Current Situation
My wife has been working in a private hospital for the last three years. In April, we realized she was pregnant, but there were some complications. In June, we utilized sick leave (almost two months) through ESI. However, upon rejoining on 29th August, we were denied by the HR manager to return. They justified that they had appointed new staff and suggested taking rest and availing maternity leave in advance. We did not want to avail of it in advance as the due date was in December. Waiting for maternity leave in advance was not a favorable option, so our first maternity leave started on 29th October 2020. We updated the baby's name on the ESI card in December 2020.
Issue with ESI Card
However, when it's time to claim, we need a printout of the updated ESI, but our ESI card is not showing in the system. The HR department mentioned that it is automatically blocked as we were on leave for almost 10 months, and they were not contributing to ESI due to the absence of generated salary. We do not wish to continue the job.
Seeking Advice
Does this mean we cannot claim it now? Is there any solution?
From India, Amritsar
Acknowledge(0)
Amend(0)
Background and Current Situation
My wife has been working in a private hospital for the last three years. In April, we realized she was pregnant, but there were some complications. In June, we utilized sick leave (almost two months) through ESI. However, upon rejoining on 29th August, we were denied by the HR manager to return. They justified that they had appointed new staff and suggested taking rest and availing maternity leave in advance. We did not want to avail of it in advance as the due date was in December. Waiting for maternity leave in advance was not a favorable option, so our first maternity leave started on 29th October 2020. We updated the baby's name on the ESI card in December 2020.
Issue with ESI Card
However, when it's time to claim, we need a printout of the updated ESI, but our ESI card is not showing in the system. The HR department mentioned that it is automatically blocked as we were on leave for almost 10 months, and they were not contributing to ESI due to the absence of generated salary. We do not wish to continue the job.
Seeking Advice
Does this mean we cannot claim it now? Is there any solution?
From India, Amritsar
Acknowledge(0)Amend(0)
Your post is not clear.
Pregnancy and sick leave situation
Your wife intimated to the company that she was pregnant and then took 2 months of sick leave (not maternity leave). Then she did not rejoin because she was advised not to. I am assuming she did not get that in writing.
Legal aspects and ESIC coverage
As per law, the company cannot fire someone during pregnancy. But it seems they tricked your wife into doing so. Since you did not rejoin, they did not pay your ESIC dues, and it lapsed.
Salary and ESIC coverage during pregnancy
There is another disconnect there. Did you not ask for a salary for the entire period until now? As per the rules, ESIC coverage will continue during pregnancy even if the company is not paying.
Finding a new job with ESIC coverage
You do not want to continue in the company, so fighting for that is meaningless. You need to find another job with ESIC coverage for your wife. If you are not in the job, you can't get ESIC anyway.
But I am not sure what exactly your question is.
From India, Mumbai
Acknowledge(1)
Amend(0)
2508Pregnancy and sick leave situation
Your wife intimated to the company that she was pregnant and then took 2 months of sick leave (not maternity leave). Then she did not rejoin because she was advised not to. I am assuming she did not get that in writing.
Legal aspects and ESIC coverage
As per law, the company cannot fire someone during pregnancy. But it seems they tricked your wife into doing so. Since you did not rejoin, they did not pay your ESIC dues, and it lapsed.
Salary and ESIC coverage during pregnancy
There is another disconnect there. Did you not ask for a salary for the entire period until now? As per the rules, ESIC coverage will continue during pregnancy even if the company is not paying.
Finding a new job with ESIC coverage
You do not want to continue in the company, so fighting for that is meaningless. You need to find another job with ESIC coverage for your wife. If you are not in the job, you can't get ESIC anyway.
But I am not sure what exactly your question is.
From India, Mumbai
Acknowledge(1)Amend(0)
Thank you for the valuable answer. We didn't get that in writing (when she was denied rejoining) as we never thought this would happen. For the sick leave, we were paid by the ESIC, but then there is a gap of almost two months between the start of maternity leave and the end of sick leave. She was neither going to the office nor applied for any leave in ESIC, so no salary was received during this period.
When we applied for maternity leave, we were told by the ESIC officer that it would be paid at the end of the leave when she rejoins. Now, to claim 6 months' salary from ESIC, we need our updated ESIC card.
My last question: Suppose if we join another company with ESIC benefits, can we still claim for our maternity leaves?
From India, Amritsar
Acknowledge(0)Amend(0)
When we applied for maternity leave, we were told by the ESIC officer that it would be paid at the end of the leave when she rejoins. Now, to claim 6 months' salary from ESIC, we need our updated ESIC card.
My last question: Suppose if we join another company with ESIC benefits, can we still claim for our maternity leaves?
From India, Amritsar
Acknowledge(0)Amend(0)
Hello, In my opinion:
1. Being a private hospital, firstly, please check if they are eligible under ESIC. Hospitals are exempted from ESIC.
2. From your post, I understand that the salary has not been paid or generated for the leave period. Once maternity leave is given, the employer cannot stop paying the salary nor dismiss the female employee from the job (unless you have resigned of your own will).
3. You have to approach the Labour Commissioner of your area and the ESIC Commissioner to escalate the issue of non-payment and thus blocking of your ESIC card.
4. Post conciliation with the company, the employee will be eligible for maternity benefits and also ESIC benefits.
5. Send a legal notice through your advocates to the company in this regard.
6. Please ensure that all your communications henceforth are in writing.
Regards,
Mayank Lad
Acknowledge(1)Amend(0)
1. Being a private hospital, firstly, please check if they are eligible under ESIC. Hospitals are exempted from ESIC.
2. From your post, I understand that the salary has not been paid or generated for the leave period. Once maternity leave is given, the employer cannot stop paying the salary nor dismiss the female employee from the job (unless you have resigned of your own will).
3. You have to approach the Labour Commissioner of your area and the ESIC Commissioner to escalate the issue of non-payment and thus blocking of your ESIC card.
4. Post conciliation with the company, the employee will be eligible for maternity benefits and also ESIC benefits.
5. Send a legal notice through your advocates to the company in this regard.
6. Please ensure that all your communications henceforth are in writing.
Regards,
Mayank Lad
Acknowledge(1)Amend(0)
I think the process given by Mr. Lad is a good option for you.
Eligibility for Maternity Benefits
If you informed ESIC about your pregnancy and applied for maternity leave properly, you will be eligible to receive money from ESIC. You should escalate the matter, file a complaint, or even have a lawyer take it up if it is worth the money.
Joining Another Company
Joining another company will not entitle you to maternity benefits with retrospective effect. My point was that since you are not returning, you are no longer eligible for ESIC (going forward) unless you join another company with ESIC, in which case, you will receive ESIC benefits in the future.
Basically, it's a lesson learned for the future.
From India, Mumbai
Acknowledge(0)Amend(0)
Eligibility for Maternity Benefits
If you informed ESIC about your pregnancy and applied for maternity leave properly, you will be eligible to receive money from ESIC. You should escalate the matter, file a complaint, or even have a lawyer take it up if it is worth the money.
Joining Another Company
Joining another company will not entitle you to maternity benefits with retrospective effect. My point was that since you are not returning, you are no longer eligible for ESIC (going forward) unless you join another company with ESIC, in which case, you will receive ESIC benefits in the future.
Basically, it's a lesson learned for the future.
From India, Mumbai
Acknowledge(0)Amend(0)
Mr. Lad, ESIC has been extended to hospitals from 1-4-2011 through a notification issued by the central government. Please refer to this thread on citehr: https://www.citehr.com/442972-esic-a...harashtra.html
From India, Mumbai
Acknowledge(0)Amend(0)
From India, Mumbai
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Enhancement of Maternity Benefits under the ESI Act,1948.pdf
Right to payment of maternity benefits.doc