RADHA RAWAT 13 June 2017

Who will pay for maternity leave- organization or esi

Dear All,

Could you please suggest, in Pregnancy, if Organization provides you maternity leave then who will pay your Salary??

I am a 6 months pregnant lady who has been forced to leave the organization and resign from Job. As i denied to resign and not to go from organization, they are saying okay we will not take your resignation and you will be paid Every month salary from ESI department because you are enrolled under the ESI Scheme.

Please tell what should i do in this case. How much salary i will get and who will pay it towards maternity leave.

Note: Organization is willing to terminate me cause of my pregnancy and to avoid future liability.

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6 Replies

Advocate Suneel Moudgil (Advocate) 13 June 2017

You can send a legal notice to the organisation for causing harassment to you during pregnancy period.

Parliament of India recently passed a bill which entitled women employees, 26 weeks maternity leave in all organisations having more than 10 employees. this entitlement is limited to 2 children and for third children it is 12 weeks.

for further clarifications you can call.

ORGANISATION will pay

Kumar Doab (FIN) 15 June 2017

Go thru:

https://www.esic.nic.in/maternity_benefits.php

https://esic.nic.in/manuallinks/Ch9.pdf

https://esic.nic.in/backend/writereaddata/file/7b8592d896d268d90aa8f397c64ba4b4.pdf

Kumar Doab (FIN) 15 June 2017

Submit copy fo Dr Rx showing tentative date of pregnancy to employer and ask to arrange to supply requisite payment. Mention your Maternity leave period.

Let employer supply you any reply or forms if any.

Kumar Doab (FIN) 22 December 2017

Hope your matter is resolved.

RADHA RAWAT 22 December 2017

No, nothing has been resolved , ESIC official said , first you complete whole six months leave then come to us , we will check your past attendances and then process will be followed. Before completion of maternity leave, you are not entitled to get amount.

RADHA RAWAT 22 December 2017

I am in dilemma whether amount would be paid to me or not. Bcoz ESIC is also making confusion. I need money in my current time and they are saying it will be paid after leave.