ESI SALARY

Dear Client,
Unless the ESI Act, 1948 is applicable to a company or the company did not register them under the said Act, monthly contribution towards ESI post enrollment of employee name, is not deducted from the Salary. So, a question arises as to how you availed the ESI leave during the pregnancy period which is clarified by the ESI authority as stated in the query. Be informed that the Maternity Benefit Act 1961 states that a woman employee can apply for Maternity leave if she has worked with the employer for 80 days in the last 12 months immediately preceding the date of her expected delivery. The Act is applicable to establishments employing TEN or more persons, except employees covered under the Employees State Insurance Act, 1948 which also requires ten or more employees for application of the Act. The duration of maternity leave for both first and second-time mothers is 6 months or 26 weeks. This leave can be availed either before or within 6 months from the expected date of delivery of the child. Once a woman employee applies for maternity leave, the Company is dutybound to approve her leave and disburse her all the monetary benefits available under the Act. It's illegal for employers to discriminate against a woman employee based on her pregnancy status affecting her maternity rights. So, in case a female employee meets the above-stated eligibility conditions and her application claiming maternity leave is rejected by the employer or terminates her service during her pregnancy or post-pregnancy without following the mandatory provisions of relevant law and once she litigates the matter before the competent authority i.e, the concerned office of the Labour Commissioner/ Inspector, Shops & Establishment, State Health & Family Welfare Deptt concerned by filing a complaint against the employer company for arbitrary denial of maternity leave or terminating the service during her pregnancy or post-pregnancy that amounted to unfair labour practice, the employer has to face criminal prosecution and other legal consequences from the concerned authorities. If required, hire an Advocate to navigate the issue in the right way.