Maternity Leaves - Do I need to wait for 3 months to get my salary from ESIC?

Hi Team,

Name: Sweta
Designation: Executive Customer Service
Joining: 2/25/2013

I am working in a private company (Call Center) and went on maternity leave. They asked me to go to ESIC hospital to approve my maternity leave. The ESIC hospital said that it is not approved by them. They asked me to deliver the baby in ESIC hospital to get maternity leave. I delivered the baby in a private hospital. Later, I came to know that I need to submit a form in ESIC to get approval for maternity leave. On August 17, 2016, the ESIC hospital asked me to fill a Maternity Leave form, which I did. My employer is not giving me my salary, and they only paid for my working days prior to my delivery. It's been 22 days after my delivery. The ESIC hospital is saying that it will take 3 months, and after 3 months, I have to visit ESIC for further documentation to get my salary.

Do I need to wait for 3 months to get my salary, or should I receive it during maternity leave?

Am I eligible for any medical bonus?

Regards,
Sweta

Dear member, you should have complied with the procedure as laid down in the ESI Act, 1948, and rules/regulations framed thereunder. The ESIS dispensary to which you are attached is the appropriate medical institution that has to issue you the necessary medical certificates. In case you are covered under the ESI Act and eligible for the said benefit, your employer is not supposed to pay you the maternity benefit.

The appropriate office of ESIC to release and pay you the maternity benefit is the Branch Office to which you are attached. Though the said office is required to pay the benefits based on the certificates they received from the ESIS dispensary/ESIC Hospital through you, they decide the eligibility and rates of such payments. As far as I understand, there is no rule that states the maternity benefit will be paid after 3 months. However, in this case, as you have obtained treatment from private sources, they have to decide the case as per their instructions and procedure. It is better to contact the appropriate branch office, discuss the issue, and provide them with the necessary medical certificates issued by either a private hospital or ESIC hospital.

Thank you, Harsh, for your valuable comments on this situation. Any other suggestions for me? I am still not sure who will pay me this amount. Why is my office not crediting my salary to me? To whom should I contact for more information on this case?

ESIC dispensary, where I filled out the maternity form, is asking me to wait for 3 months to receive my salary from my office. Is it true that employees have to wait for this duration to receive salary during maternity leave?

Regards,
Sweta

Dear member,

I have already mentioned above that the appropriate office to examine your case is only the ESIC Branch Office to which you are attached. Please see your ESIC Identity Card, and you can contact the said office (through your family members). ESIS dispensary or hospital has no power to make any payments of maternity benefits, although they are supposed to issue you a medical certification.

I have already informed you above that in case you are/were covered under the ESI Act and eligible for benefits, your employer is not required to make any payment of maternity benefit.

I also suggest you visit the ESIC website; the online link is as follows: Information - Benefits | Employee's State Insurance Corporation, Ministry of Labour & Employment, Government of India

Hello Harsh,

Thanks for replying. The link you shared states:

(c) Maternity Benefit (MB): Maternity Benefit for confinement/pregnancy is payable for three months, which is extendable by a further one month on medical advice at the rate of full wage subject to contribution for 70 days in the preceding year.

Does this mean I will be paid for 3 months?

Dear member, the maximum maternity benefit in ESI Act is "a period of twelve weeks of which not more than six weeks shall precede the expected date of confinement" (Rule 56 of ESI Central Rules, 1950). In case of sickness out of said maternity, the maternity benefit can be extended up to one month more.

But the above are only entitlements in maternity cases. Hope you will discuss the matter with your appropriate branch office of ESIC as suggested by me above. It is only the said ESIC Branch Office who can comment as to whether you are entitled or not depending upon the medical certification, etc., as you obtained treatment from a private hospital.

Hello Mr. Harsh,

This is in continuation of our conversation regarding the Maternity Leave issue. I have followed up on this case with the ESIC branch manager, and they have only approved 35 days of paid leave, even though they had approved 84 days of leave. I don't understand how they calculated and approved only 35 days of paid leave. According to him, it was calculated by the system, and I am only eligible for 35 days of paid leave.

What should I do now?

Regards,
Sweta

Can anyone please clarify if a female employee is availing ESIC benefits, is the employer still liable to pay Maternity Benefits to the employee?

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Hello,

I am seeking clarification on whether an employer is still obligated to provide Maternity Benefits to a female employee who is already receiving ESIC benefits. Thank you for your assistance.

Dear member, if the insured woman is entitled to maternity benefits under the ESI Act, 1948, and the rules/regulations framed thereunder, she cannot claim the said benefit from her employer.

Dear Sh. Korgaonkar ji,

Thank you for appreciating my previous reply. Lately, due to family commitments, I have been unable to find time to actively participate in this esteemed forum. Once I am free from these responsibilities, I plan to dedicate more time to engaging in discussions with the senior experts who contribute to this forum. This interaction will undoubtedly enrich my experience.

Regarding the question raised earlier, I would like to further elaborate on why the employer is not held responsible for providing maternity benefits to eligible female employees, even when Employee State Insurance (ESI) is applicable in their establishment and the female employee is covered by it. I believe this is because, under the ESI Act of 1948, the employer is already contributing 4.75% towards the scheme. Therefore, it can be argued that the employer should not be additionally liable for benefits to which they have already made a contribution. I recommend referring to Section 61 of the aforementioned Act for a detailed explanation. This Act conforms strictly to the Social Security (Minimum Standard) Convention of the International Labour Organization (ILO), where Maternity Benefit is considered one of the entitlements.

Thank you.