Swati,
It is the gross salary and not the CTC that is considered for ESI coverage. Normally, the CTC will include the costs by way of salary and the statutory contributions like ESI, PF, Bonus, Gratuity, etc., that the employer should make in respect of each employee. These contributions are out of the purview of wages.
Regarding work-from-home facility, which is suggested in the Maternity Benefit Act, the responsibility lies with the employer and not the ESI Corporation. If your employer is willing to provide you with the option to work from home, then he can allow it. However, as you are aware, it may not be feasible for all employees to work remotely. For example, a receptionist cannot perform her duties from home, nor can a chemist conduct tests while at her residence. Therefore, the provision concerning work from home is not mandatory.
The provision of a creche is also the responsibility of your employer. If your establishment has a sufficient number of women employees (50 employees in the case of establishments other than factories, 30 in the case of factories, or 50 women or 20 children in the case of plantations), then the employer should arrange for a creche facility.
Thank you.
From India, Kannur
4482It is the gross salary and not the CTC that is considered for ESI coverage. Normally, the CTC will include the costs by way of salary and the statutory contributions like ESI, PF, Bonus, Gratuity, etc., that the employer should make in respect of each employee. These contributions are out of the purview of wages.
Regarding work-from-home facility, which is suggested in the Maternity Benefit Act, the responsibility lies with the employer and not the ESI Corporation. If your employer is willing to provide you with the option to work from home, then he can allow it. However, as you are aware, it may not be feasible for all employees to work remotely. For example, a receptionist cannot perform her duties from home, nor can a chemist conduct tests while at her residence. Therefore, the provision concerning work from home is not mandatory.
The provision of a creche is also the responsibility of your employer. If your establishment has a sufficient number of women employees (50 employees in the case of establishments other than factories, 30 in the case of factories, or 50 women or 20 children in the case of plantations), then the employer should arrange for a creche facility.
Thank you.
From India, Kannur
Thank you, Harsh and Madhu, for replying to my query. Why are women employees covered under the ESI Act not benefiting under the Maternity Benefit Act, 2017 equally? Why is there discrimination? Will full salary be admissible during the maternity leave period? Why will the ESI branch office pay in cash? Why not by cheque or NEFT? If a female employee herself has to visit the branch office every month to collect her salary?
From India, Gurgaon
From India, Gurgaon
Swati seems to have a lot of apprehensions. I would say that there are a lot of benefits available from ESI Corporation which the employer cannot offer to employees not covered under ESI. Employees under ESI get treatment, medicine, etc., which the employer cannot provide to an employee. It is true that the employer needs to provide creche facility to women employees, and that is even available to an employee who resumes work after availing ESI leave. If your nature of work permits working from home, naturally, the employer can extend it to an employee covered by ESI. That means, there is no discrimination as such.
Now coming to the administrative part of payment of salary, I would like to say that the system of paying salary in cash does not exist now. It is paid to your bank account every week. There is no need for an employee to present in person at the ESI local office to collect the money.
From India, Kannur
Now coming to the administrative part of payment of salary, I would like to say that the system of paying salary in cash does not exist now. It is paid to your bank account every week. There is no need for an employee to present in person at the ESI local office to collect the money.
From India, Kannur
Dear All,
After reviewing the discussions, I have a few queries regarding employee benefits in the case of ESI coverage:
1. Is the employer liable to pay full salary for 6 months for employees earning more than 21k and not covered under ESI?
2. If an employee earns less than 21k and recently joined the company, but is expecting maternity leave within 2 months of joining, who will be responsible for paying the remuneration for the 6 months of maternity leave?
I am seeking a reply to these questions.
Thank you.
From India, Mohali
After reviewing the discussions, I have a few queries regarding employee benefits in the case of ESI coverage:
1. Is the employer liable to pay full salary for 6 months for employees earning more than 21k and not covered under ESI?
2. If an employee earns less than 21k and recently joined the company, but is expecting maternity leave within 2 months of joining, who will be responsible for paying the remuneration for the 6 months of maternity leave?
I am seeking a reply to these questions.
Thank you.
From India, Mohali
In respect of employees who are not "eligible" to get maternity benefit from ESI, the employer will pay salary for 6 months. In order to be eligible to get benefits from ESI, first of all, she should be a covered employee, and only persons with a salary of less than INR 21,000 will be covered by ESI. Secondly, a covered employee should have contributed for at least 70 days in the two consecutive contribution periods. If she is a newly joined employee, she will not get maternity benefit from the ESIC.
Now, having said that she is not an eligible employee due to the reason that she has not worked/paid contributions for at least 70 days in the two contribution periods immediately preceding the expected date of delivery, the employer will have to pay salary for the period she is absent due to maternity.
As per the Maternity Benefit Act, only a woman employee who has worked for at least 80 days during the 12 months immediately preceding the date of delivery will be eligible to get 6 months' maternity leave and a medical bonus of INR 3500. Therefore, an employee who has just 60 days of service will not get a 6-month maternity leave.
From India, Kannur
Now, having said that she is not an eligible employee due to the reason that she has not worked/paid contributions for at least 70 days in the two contribution periods immediately preceding the expected date of delivery, the employer will have to pay salary for the period she is absent due to maternity.
As per the Maternity Benefit Act, only a woman employee who has worked for at least 80 days during the 12 months immediately preceding the date of delivery will be eligible to get 6 months' maternity leave and a medical bonus of INR 3500. Therefore, an employee who has just 60 days of service will not get a 6-month maternity leave.
From India, Kannur
Dear Sir,
I want to know how many days are required for ESI maternity leave because my ESIC contributed number of days is 211, but my ESI maternity benefit status is not showing. Am I eligible for ESI maternity leave? Also, please inform me how many days before delivery I can apply for maternity leave. I am currently 7 months pregnant, and the doctor advises that I should have the maternity leave certificate issued 56 days before delivery. Is this correct?
Please reply as soon as possible.
From India, Anand
I want to know how many days are required for ESI maternity leave because my ESIC contributed number of days is 211, but my ESI maternity benefit status is not showing. Am I eligible for ESI maternity leave? Also, please inform me how many days before delivery I can apply for maternity leave. I am currently 7 months pregnant, and the doctor advises that I should have the maternity leave certificate issued 56 days before delivery. Is this correct?
Please reply as soon as possible.
From India, Anand
Thanks for Question raised & answers replaying .this is really helpful for understanding the conflicts. Regards, Vinod
From India, Pune
From India, Pune
My sister is going on maternity leave in September 2018. As per her wages (Rs 15,000), till March 2018, she is eligible for ESI Maternity Benefits. But since April 2018, she is out of the ESI wage limits. When consulted with ESI, they told her that she is eligible for Rs 15,000 maternity pay from ESI.
Now, my question is, what about the difference in her present salary (approximately 8K)? Who will pay it? Is the company liable to pay the difference in the amount, due to the fact that she falls under the ESI Maternity Act? If the company is liable to pay that difference, then what about the PF contribution for that 6-month period during which she will be on maternity leave?
From India, Mumbai
Now, my question is, what about the difference in her present salary (approximately 8K)? Who will pay it? Is the company liable to pay the difference in the amount, due to the fact that she falls under the ESI Maternity Act? If the company is liable to pay that difference, then what about the PF contribution for that 6-month period during which she will be on maternity leave?
From India, Mumbai
What is the significance of Rs 15000 here? It should be Rs 21000. If the ESI Corporation is paying the maternity salary for a 6-month period, how can the employer pay it? For the ESIC, there will be a different computation of average wages payable, but the employer is in no way liable to pay the difference amount.
From India, Kannur
From India, Kannur
If you are covered by ESI, then how can the employer pay salary for the days you remain on leave due to maternity reasons? It will be paid by the ESI Corporation. For that, you have to consult the Medical Officer of ESI and then submit the relevant certificates to the Local Office of the ESIC.
From India, Kannur
From India, Kannur
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Maternity Leave Policy - posting.doc
PF Contribution on Leave Encashment - Clarification by EPFO.pdf