So what? I did not say that wages include PF payable by the EMPLOYER. I meant to say that when you pay salary to a woman who is on maternity leave, the salary should be the sum after deducting PF, that is the employee's share of PF. Now you are showing me the definition of wages under the Maternity Benefit Act. Where is it written that wages should be paid without deducting employee's share of PF? There is no dispute that wages means the amount payable in gross and this should not include employers statutory contributions like bonus, Employer's share of PF, gratuity etc. If all these are included it would become the Cost to Company or the so called CTC.
Madhu.T.K
From India, Kannur
4248Madhu.T.K
From India, Kannur
Hi,
Recently, my wife delivered in the month of August'17. She works for FORTIS hospital and has been attached to ESI since Feb'17. All documents were submitted to HR team, and they said all payments will be made by ESI. Company does not pay any benefits, every claim should be made through ESI.
We visited the ESI office and got to know that hospital expenses will be paid but not salary due to the clause that any employee attached to ESI should complete 9 months to claim the maternity salary benefits, however hospital expenses can be claimed.
Then we informed the HR team about the issue and they said, in this case we can't help if ESI does not pay, then it will be considered loss of pay, report to work after 6 months.
Kindly advise, what is the solution in this scenario.
Regards,
Ranganath
Bangalore
From India, Bengaluru
Recently, my wife delivered in the month of August'17. She works for FORTIS hospital and has been attached to ESI since Feb'17. All documents were submitted to HR team, and they said all payments will be made by ESI. Company does not pay any benefits, every claim should be made through ESI.
We visited the ESI office and got to know that hospital expenses will be paid but not salary due to the clause that any employee attached to ESI should complete 9 months to claim the maternity salary benefits, however hospital expenses can be claimed.
Then we informed the HR team about the issue and they said, in this case we can't help if ESI does not pay, then it will be considered loss of pay, report to work after 6 months.
Kindly advise, what is the solution in this scenario.
Regards,
Ranganath
Bangalore
From India, Bengaluru
It is true that under ESI scheme, the maternity benefit is available during the benefit period on one condition that the employee had contributed at least for 70 days during the last two consecutive contribution periods. In respect of newly joined employees, the first benefit period comes roughly after 9 months of her joining. If your wife had joined in the month of Feb, 2017, her first benefit period will start in Oct, 2017 only. That is why the ESIC has refused to grant her cash benefits, ie leave with pay for 26 weeks.
It is also true that when an employee covered by ESI goes for maternity leave, the employer has no obligation to give any salary. It is true in the case of all leaves under ESI. However, since she is not eligible to get ESI leave, employer is under a legal obligation to pay her salary during her maternity leave days. The employers cannot disown their liability just by saying that they had given coverage under ESI and it is upto her to get it from ESIC.
Now again, the law relating to Maternity Benefits states that leave is to be given if she had worked for 80 days DURING THE TWELVE MONTHS PRECEDING THE EXPECTED DATE OF DELIVERY. It does not say that 26 weeks leave is to be given if she had worked for 80 days in just three or four months of joining your establishment. The significance of "12 months immediately preceding the (expected) date of delivery" is to be understood as minimum service of 12 months and 80 days working including paid leaves and holidays during this 12 months service.
The above given is my own interpretation of the law, I have not found any such interpretation from any Court and, therefore, many of you may have different views on this. Please share.
Madhu T K
From India, Kannur
It is also true that when an employee covered by ESI goes for maternity leave, the employer has no obligation to give any salary. It is true in the case of all leaves under ESI. However, since she is not eligible to get ESI leave, employer is under a legal obligation to pay her salary during her maternity leave days. The employers cannot disown their liability just by saying that they had given coverage under ESI and it is upto her to get it from ESIC.
Now again, the law relating to Maternity Benefits states that leave is to be given if she had worked for 80 days DURING THE TWELVE MONTHS PRECEDING THE EXPECTED DATE OF DELIVERY. It does not say that 26 weeks leave is to be given if she had worked for 80 days in just three or four months of joining your establishment. The significance of "12 months immediately preceding the (expected) date of delivery" is to be understood as minimum service of 12 months and 80 days working including paid leaves and holidays during this 12 months service.
The above given is my own interpretation of the law, I have not found any such interpretation from any Court and, therefore, many of you may have different views on this. Please share.
Madhu T K
From India, Kannur
Dear Seniors,
One of my friend, she joined on 20th Feb 2017 and will be on maternity leave from 01st Dec 2017. She is covered under esic and wants to claim maternity leave encashment under esic. Can she get the maternity leave encashment before delivery? and also please kindly suggest what are the documents she will need to submit to esic office. Furthermore, she has planned her delivery in a Pvt hospital, is there any way to claim the reimbursement from esic. Kindly help.
Regards
From India, Aizawl
One of my friend, she joined on 20th Feb 2017 and will be on maternity leave from 01st Dec 2017. She is covered under esic and wants to claim maternity leave encashment under esic. Can she get the maternity leave encashment before delivery? and also please kindly suggest what are the documents she will need to submit to esic office. Furthermore, she has planned her delivery in a Pvt hospital, is there any way to claim the reimbursement from esic. Kindly help.
Regards
From India, Aizawl
This was discussed in detail in the following thread.
https://www.citehr.com/592078-what-c...efit-esic.html
From India, Kannur
https://www.citehr.com/592078-what-c...efit-esic.html
From India, Kannur
Dear Shiv, before concluding that your Friend is covered under ESI, Consequently she is eligible for maternity Benefit, Please log in to ESI IP Portal to check for eligibility with ESI Insurance Number
From India, New Delhi
From India, New Delhi
1. Sir, ESIC has its own system of deciding eligibility of any insured person/woman for benefits under ESI Act, 1948 and payment of benefits. Benefit is called "maternity benefit" and is not any type of "maternity leave encashment" as you have mentioned.
2. In order to claim such maternity benefit, the insured woman must get the required medical certification either from authorised ESI dispensary or ESI Hospital to which she is attached. However, in case of private hospitals, the payment of such benefit is doubtful. In respect of Govt. Hospitals, I think, ESIC Branch Office Manager is authorised to pay the said maternity benefit (if the insured woman is otherwise entitled to) as a case of alternative evidence. It will be more better if the insured woman may contact the ESI dispensary as well as ESI Hospital to which she is attached before such delivery.
3. In order to examine eligibility of the insured woman for such benefit please see Rule 56 of ESI (Central) Rules, 1950 as well as Regulation 4 of ESI (General) Regulations, 1950. This is a question of fact and perhaps correct position can be ascertained from concerned Branch Office of ESIC to which insured woman is attached.
From India, Noida
2. In order to claim such maternity benefit, the insured woman must get the required medical certification either from authorised ESI dispensary or ESI Hospital to which she is attached. However, in case of private hospitals, the payment of such benefit is doubtful. In respect of Govt. Hospitals, I think, ESIC Branch Office Manager is authorised to pay the said maternity benefit (if the insured woman is otherwise entitled to) as a case of alternative evidence. It will be more better if the insured woman may contact the ESI dispensary as well as ESI Hospital to which she is attached before such delivery.
3. In order to examine eligibility of the insured woman for such benefit please see Rule 56 of ESI (Central) Rules, 1950 as well as Regulation 4 of ESI (General) Regulations, 1950. This is a question of fact and perhaps correct position can be ascertained from concerned Branch Office of ESIC to which insured woman is attached.
From India, Noida
Dear Sir,
Subject:- Applicability of Maternity Benefits (Amendments) Act, 2017 to women employees who are covered under Employees State Insurance Act, 1948
What is the definition of Wages under ESI Act for checking Rs.21000/- threshold limit (CTC these days comprises of Basic+DA+HRA+Commuting Allowance+Medical Allowance+Special Allowance+PF Cont^+ESI Cont^+Insurance cost if any)
Will full Salary in hand will be paid during maternity leaves and if yes, who will pay Employer or ESI department? What is the definded procedure for claiming this?
What is the definition of "the average daily wage for the period of a worker's actual absence from work"
Facility of Creche and provision of work from home is not available?
From India, Gurgaon
Subject:- Applicability of Maternity Benefits (Amendments) Act, 2017 to women employees who are covered under Employees State Insurance Act, 1948
What is the definition of Wages under ESI Act for checking Rs.21000/- threshold limit (CTC these days comprises of Basic+DA+HRA+Commuting Allowance+Medical Allowance+Special Allowance+PF Cont^+ESI Cont^+Insurance cost if any)
Will full Salary in hand will be paid during maternity leaves and if yes, who will pay Employer or ESI department? What is the definded procedure for claiming this?
What is the definition of "the average daily wage for the period of a worker's actual absence from work"
Facility of Creche and provision of work from home is not available?
From India, Gurgaon
1. Dear member, the term "wages" has been defined under section 2(22) of ESI Act, 1948. The term "average daily wage" has been defined under Rule 2(1-A) of the ESI (Central) Rules, 1950. You can also see the definition of "standard benefit rate" as defined in Rule 2(7-A) of Rules as mentioned above. You can download above Act and rules from the website of ESIC.
2. Maternity Benefit is paid in cash by ESIC through their appropriate Branch Office and that too after receipt of medical certificates in respect of insured woman from authorised ESI Dispensary or ESI Hospital. It is also required that the claimant insured woman must be elegible for the said benefit on having contributed for minimum days as required under above rules.
3. Hope, the claimant may contact the ESI dispensary or ESI Hospital as well as ESIC Branch Office to which she is attached and get the proper guidance as well as proper medical certification which are required for claiming such benefit.
From India, Noida
2. Maternity Benefit is paid in cash by ESIC through their appropriate Branch Office and that too after receipt of medical certificates in respect of insured woman from authorised ESI Dispensary or ESI Hospital. It is also required that the claimant insured woman must be elegible for the said benefit on having contributed for minimum days as required under above rules.
3. Hope, the claimant may contact the ESI dispensary or ESI Hospital as well as ESIC Branch Office to which she is attached and get the proper guidance as well as proper medical certification which are required for claiming such benefit.
From India, Noida
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