Dear Madhu ji,
With due respect to you, I submit as under:
When IW is on maternity leave, how can the employer pay wages to her? This is my first question. The IW has evidence that she was on ML and has delivered a baby. She also has evidence that her employer engaged a substitute person to cover her leave vacancy. The employer is making a grave mistake. If the IW raises this issue with the Corporation, they will have to investigate and provide benefits to the IW. However, the employer will definitely encounter trouble. If the employer compensates the IW and closes the chapter, there is a chance for the employer to avoid legal action by the Corporation. Initially, I decided not to respond further in this thread due to time constraints. However, in order to help the original poster ensure justice for the IW, I could not stop myself.
From India, Mumbai
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2636With due respect to you, I submit as under:
When IW is on maternity leave, how can the employer pay wages to her? This is my first question. The IW has evidence that she was on ML and has delivered a baby. She also has evidence that her employer engaged a substitute person to cover her leave vacancy. The employer is making a grave mistake. If the IW raises this issue with the Corporation, they will have to investigate and provide benefits to the IW. However, the employer will definitely encounter trouble. If the employer compensates the IW and closes the chapter, there is a chance for the employer to avoid legal action by the Corporation. Initially, I decided not to respond further in this thread due to time constraints. However, in order to help the original poster ensure justice for the IW, I could not stop myself.
From India, Mumbai
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Thank you all for guiding so well. To my knowledge, the employer has agreed to its mistake and is going to pay the employee three months' salary as her maternity benefit. Now, I think there would not be any issue regarding the benefit. It is all the same if the employee gets benefits from the ESIC corporation or from the employer. In the end, she is getting her benefit.
Thanking everyone who took part in this conversation.
From India, Chandigarh
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Thanking everyone who took part in this conversation.
From India, Chandigarh
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Introduction Of Self-Declaratio n Form For Insured Woman Relating To Maternity Benefit Under ESI .pdf